Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under section 30(a) is made out and the petitioner has no antecedent, subject to prescribed conditions.
Summary
The petitioner, Saurav Kumar, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 61.260 litres of foreign liquor from a field he claims does not belong to him. The prosecution’s case was based on an informant’s tip and the identification of the petitioner by a chowkidar. The petitioner argued he has no criminal antecedent, no possession of the liquor, and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out. The court, after considering the submissions and the precedent, found that the allegations did not establish a prima facie offence and granted anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the facts alleged in the FIR constitute an offence under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of criminal antecedent and absence of possession justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- foreign liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21572 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Saurav Kumar S/o Vashishth Singh @ Vashishth Kumar Singh Resident of
Village - Jarang Rampur, P.S - Vaishali (Belsar O.P), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Pratima Kumari, Adv.
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mrs. Pratima Kumari, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Vaishali (Belsar O.P.) P.S. Case No. 46 of 2026
for the offence under sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution story, the informant alleged
that on secret information, the Police reached the place and from
an open field, there is recovery/seizure of 61.260 litre foreign
liquor. The Chowkidar named this petitioner. This led to the
FIR.
4. Learned counsel for the petitioner submits that
neither he has criminal antecedent nor the agricultural field
belongs to him. Nothing has been recovered from his conscious
Patna High Court CR. MISC. No.21572 of 2026(2) dt.16-04-2026
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possession.
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 the
locals have named him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the fact that nothing has been recovered from his conscious
possession and he do not have criminal antecedent, 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
Patna High Court CR. MISC. No.21572 of 2026(2) dt.16-04-2026
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satisfaction of learned District & Additional Sessions Judge-
cum-Exclusive Special Excise Court-II, Vaishali at Hajipur in
connection with Vaishali (Belsar O.P.) P.S. Case No. 46 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(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
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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/-
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