Patna High Court
Rajesh RajbharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as no conscious possession or criminal antecedent is established, notwithstanding the Section 76(2) bar.
Summary
Petitioner Rajesh Rajbhar sought anticipatory bail fearing arrest in a case under sections 30(a) of the Bihar Prohibition and Excise Act, where police seized 16.2 litres of foreign liquor from a motorcycle. He contended that the liquor was not in his conscious possession and that he has no criminal antecedent. The State opposed, asserting that the petitioner is the owner of the seized motorcycle. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail can be granted despite the bar under Section 76(2) if no offence is made out. Accordingly, the court granted anticipatory bail with a set of conditions and warned that the order would become ineffective if a criminal antecedent is later discovered.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail?
- Does ownership of the seized motorcycle affect the petitioner’s eligibility for anticipatory bail?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20772 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- RAJPUR District- Buxar
======================================================
Rajesh Rajbhar S/o Mangal Rajbhar R/o Village- Nikrish, P.S- Rajpur, Dist-
Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Rajpur P.S. Case No. 350 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 31.10.2025 by the informant, Shubhash Kumar.
3. As per the prosecution story, the Police on secret
information intercepted a motorcycle and there is
recovery/seizure of 16.2 liter foreign liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession nor
he has criminal antecedent.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.20772 of 2026(2) dt.08-04-2026
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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 he
is the owner of the seized motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession and he do not have criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. However, if it is found that the petitioner has
criminal antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event 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) with two sureties of like amount each to the
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satisfaction of learned Exclusive Special Excise Court No.1,
Buxar in connection with Rajpur P.S. Case No. 350 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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 petitioner 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 petitioner shall in no way try to induce or
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;
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(vi) the petitioner 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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