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Patna High Court

Shankar Patel @ Shankar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Act, notwithstanding the bar in Section 76(2).

Summary

Shankar Patel was named in an FIR under sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Act after a police raid recovered 960 litres of spirit liquor. The petitioner contended that he neither owned the seized vehicle nor had any conscious possession of the liquor and sought anticipatory bail. The State opposed, citing the petitioner’s alleged involvement and prior criminal antecedents. 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 in Section 76(2) where no offence is made out. Accordingly, the court granted anticipatory bail with a set of strict conditions regarding appearance, sureties and non‑interference with witnesses.

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 alleged participation, without possession of the seized goods, constitute an offence warranting denial of bail?
  • Whether the FIR allegations establish a prima facie case under the cited sections of the Act.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • seizure of liquor
  • Section 76(2) bar
  • bail conditions
  • criminal antecedent
  • suspicion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.20783 of 2026
                          Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Shankar Patel @ Shankar Prasad Son of Bigan Prasad R/o Village - Gopalpur
                 Bari, P.S. - Mashrakh, Dist. - Saran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mrs. Shweta Anand, Advocate
                                            :      Ms. Astha, Advocate
                 For the State              :      Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                          Heard Mrs. Shweta Anand, learned counsel for the

                   petitioner and learned APP representing the State.

                                  2. The petitioner is apprehending his arrest in

                   connection with Parsa P.S. Case No. 97 of 2026 for the offence

                   under sections 30(a), 41(1) and 32 of the Bihar Prohibition and

                   Excise Act lodged on 25.02.2026 by the informant, Omprakash.

                                  3. As per the prosecution story, the Police on secret

                   information about transportation of large quantity of spirit

                   liquor, raided the line hotel near Rewa Ghat Bridge, those

                   present tried to escape, one Vinay Kumar Lal Sah was

                   apprehdned and on his disclosure a traveler four wheeler was

                   intercepted. This led to recovery/seizure of 960 liter spirit liquor.

                   It was informed by the driver that it belongs to Ahishek Nishad.
Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
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          On further interrogation those apprehended informed that this

          petitioner is part of the team which are indulged in the business

          of spirit liquor and his wife is also involved in the case. This led

          to the FIR.

                       4. Learned counsel for the petitioner submits that

          neither he owns the vehicle nor anything recovered from his

          conscious possession, those alongwith the vehicle as also near

          the line hotel were intercepted/arrested but only on suspicion, he

          has been named.

                       5. Further, learned counsel for the petitioner 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 he

          has criminal antecedent and Vinay Kumar Lal Sah has named

          him as part of the team.

                       7. Considering the submissions of the parties and the
Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
                                            3/4




          judgment in the case of Ram Vinay Yadav (supra), as also that

          nothing has been recovered from his conscious possession nor

          he owns the vehicle as recorded above, in that background, this

          Court is inclined to extend him the privilege of anticipatory bail

          with conditions.

                       8. 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

          satisfaction of learned 3rd Special Judge Excise, Saran at Chapra

          in connection with Parsa P.S. Case No. 97 of 2026 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;
            Patna High Court CR. MISC. No.20783 of 2026(2) dt.08-04-2026
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                                   (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;

                                   (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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