Patna High Court
Basant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted in the present excise case despite the statutory bar, provided the petitioner is not in possession of the contraband and complies with the stipulated conditions.
Summary
The petitioner, Basant Kumar Singh, the owner of a Baleno car, sought anticipatory bail after an FIR was lodged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act for the alleged seizure of 110.340 litres of foreign liquor. The prosecution alleged that the car was intercepted with the liquor, while the petitioner contended he was merely the owner and not in possession, and pointed to his prior criminal antecedent as the only link. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar under Section 76(2) when no offence is made out, the court examined whether the statutory bar applied. Noting that no liquor was found in the petitioner’s conscious possession and that he offered an undertaking to cooperate with the investigation, the court granted anticipatory bail subject to strict conditions, including a bail bond of Rs 10,000, regular appearances before police and the trial court, and prohibitions on tampering with evidence. The order was made under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case arising under the Bihar Prohibition and Excise (Amendment) Act despite the bar in Section 76(2) of that Act.
- Whether the absence of liquor in the petitioner’s conscious possession and his willingness to cooperate justify the grant of anticipatory bail.
- What conditions may be imposed on anticipatory bail in such excise matters.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- bail conditions
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20843 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Basant Kumar Singh S/o- Late Ram Raj Singh @ Ramraj Singh R/v-
Hasanpur Hasanpur Juned Ps- Mahanar Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Ray, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Hemant Ray, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Hajipur Excise P.S. Case No. 207 of 2025, registered under
sections 30(a), 32(3) of the Bihar Prohibition and Excise
(Amendment) Act lodged on 07.07.2025 by the informant,
Abhinav Kumar.
3. As per the prosecution story, the Police intercepted
a Baleno Car and there is recovery/seizure of 110.340 liters of
foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the
car was being driven by the driver, the petitioner being the
owner, got implicated only because he has criminal antecedent
of one such excise case, though he has two criminal antecedent.
Patna High Court CR. MISC. No.20843 of 2026(2) dt.08-04-2026
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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
is the owner of the vehicle.
7. Learned counsel for the petitioner submits that he is
ready to put in his attendance for every day for next one month
before the concerned police station and if it is found that he is
indulged in any criminal activity in future, the State can take
steps for cancellation of present bail bond, if he is granted relief.
8. 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, an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail.
Patna High Court CR. MISC. No.20843 of 2026(2) dt.08-04-2026
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9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Hajipur Excise P.S.
Case No. 207 of 2025 to the satisfaction of learned Special
Excise Court No.2, Vaishali subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) 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 day for one month and later every fortnight
Patna High Court CR. MISC. No.20843 of 2026(2) dt.08-04-2026
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for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of 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)
Ravi/-
U T
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