Patna High Court
SANTOSH KUMAR @ SANTOSH SAHANIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as the FIR does not establish an offence and the bar under Section 76(2) is not fatal to the relief.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act where 100 litres of illicit liquor was seized and they were named by locals. They argued that the naming was motivated by personal enmity and that no liquor was found in their possession, with one brother having no prior criminal record. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, they contended that Section 76(2) does not bar anticipatory bail if the FIR does not disclose a cognizable offence. The State opposed, citing the locals' identification of the petitioners. The High Court, after considering the submissions and the precedent, granted anticipatory bail with a set of conditions, noting that no offence was made out against the petitioners.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Do the allegations in the FIR constitute a cognizable offence against the petitioners?
- Should personal enmity and lack of possession influence the grant of anticipatory bail?
Subjects
- anticipatory bail
- excise law
- prohibition
- Section 76(2)
- bail conditions
- Bihar Prohibition and Excise Act
- FIR
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20755 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
1. Santosh Kumar @ Santosh Sahani S/O Paras Sahani R/v- Bahuari PS-
Lakhaura Dist- East Champaran
2. Nagendra Kumar @ Nagendra Sahani S/o- Paras Sahani R/v- Bahuari PS-
Lakhaura Dist- East Champaran
3. Ragho Kumar S/o- Paras Sahani R/v- Bahuari PS- Lakhaura Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vikram, Advocate
For the State : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Lakhaura P.S. Case No. 325 of 2025 for the
offence under sections 30(a), 32 and 41(i) of the Bihar
Prohibition and Excise Act, lodged on 17.11.2025 by the
informant, Deepak Kumar.
3. As per the prosecution story, the informant alleged
that on secret information, the Police raided the place and there
is recovery/seizure of 100 liter country made liquor, the locals
including the ‘Chowkidar’ gave the name of the three petitioners
which led to the F.I.R..
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4. Learned counsel for the petitioners submit that
there is enmity with the ‘Chowkidar’ and he has deliberately
named all the three brothers. Though two of them are having
criminal antecedent which is not related to Excise Act, petitioner
no.3 has no criminal antecedent.
5. Further, learned counsel for the petitioners relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
locals have named them.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the nothing has been recovered from their conscious
possession, in that background, this Court is inclined to extend
them the privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
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of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Special Judge, Excise Court No.1, East
Champaran, Motihari in connection with Lakhaura P.S. Case
No. 325 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioners shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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