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Patna High Court

Ramvriksha PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted to the petitioner, subject to strict conditions, even though he is the vehicle owner.

Summary

Ramvriksha Prasad, the owner of an auto‑rickshaw, feared arrest after a police seizure of 47.25 litres of foreign liquor led to an FIR under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he merely owned the vehicle, had no role in the offence and possessed no criminal antecedent. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar in Section 76(2) where no offence is made out, he sought anticipatory bail. The State argued that ownership alone could not absolve him. The Court, considering the precedent and the petitioner’s clean record, granted anticipatory bail with a bond of Rs.10,000 and several conditions regarding appearance, non‑interference with witnesses and abstention from further offences. The order directs that the bail be released upon arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail can be granted to the owner of a vehicle implicated under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether ownership of the vehicle alone makes the petitioner liable for the alleged offence.
  • Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership liability
  • Section 76(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21289 of 2026
                      Arising Out of PS. Case No.-1296 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Ramvriksha Prasad S/O Late Vishun Lal R/O Parti Gali Chowk, Nagla, P.O.
                 Patna City, P.S.- Patna City, Dist.- Patna 800008

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Riya Bhawna, Adv.
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-05-2026                   Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Alamganj P.S. Case No. 1296 of 2025 for the

                   offence under sections 30(a), 32(3) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution story, on patrolling duty, an

                   auto-rickshaw was intercepted and there is recovery/seizure of

                   47.25 liter foreign liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   owns the auto-rickshaw and it was being driven by the driver, had

                   no role to play in the matter. Further, he do not have criminal

                   antecedent.

                                5. Further, learned counsel for the petitioner relied on

                   the judgment of the Full Bench of Hon’ble Patna High Court in the
Patna High Court CR. MISC. No.21289 of 2026(3) dt.19-05-2026
                                            2/3




          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

          being the owner of the vehicle, he cannot exonerate himself from

          the responsibility.

                       7. Taking into account the submissions of the parties

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

          also that the petitioner do not have criminal antecedent, 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 Exclusive Special Court of Excise, Patna City, Patna in

          connection with Alamganj P.S. Case No. 1296 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
           Patna High Court CR. MISC. No.21289 of 2026(3) dt.19-05-2026
                                                       3/3




                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall be appearing before the Police

                     Station as and when required for co-operating 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;

                                  (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)
Vijay Singh/-

U


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