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Patna High Court

Chandu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Chandu Kumar applied for anticipatory bail after being implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 20.250 litres of foreign liquor seized from a banana orchard. The prosecution’s case was based on an informant’s tip that the petitioner was named by his uncle. The petitioner argued he had no criminal antecedent and that the seizure was not from his possession, relying on the Patna High Court Full Bench decision in Ram Vinay Yadav (2019) 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, held that there was insufficient ground to deny bail and granted anticipatory bail with a set of strict 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 in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the allegations and the seizure of liquor constitute a prima facie case warranting denial of bail.
  • Whether the petitioner’s lack of criminal antecedent and absence of possession affect the bail decision.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 76(2)
  • bail conditions
  • criminal antecedent
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21573 of 2026
                      Arising Out of PS. Case No.-38 Year-2026 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Chandu Kumar Son of Arvind Rai Resident of Village- Matihani, P.S.-
                 Matihani, District- Begusarai (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akash Kumar Mishra, Adv.
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Matihani P.S. Case No. 38 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

                   the orchard of banana, there is recovery/seizure of 20.250 litre

                   foreign liquor and he was named by the uncle of the petitioner.

                   This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   admittedly, the recovery is from the banana orchard, he do not

                   have criminal antecedent, only due to enmity with the uncle, has

                   named him.
Patna High Court CR. MISC. No.21573 of 2026(2) dt.16-04-2026
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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 his

          own uncle has named him.

                       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. 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 Excise Judge-I,
Patna High Court CR. MISC. No.21573 of 2026(2) dt.16-04-2026
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          Begusarai in connection with Matihani P.S. Case No. 38 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

          cancellation of the bail bonds;

                       (vi) the petitioner shall desist from committing any
           Patna High Court CR. MISC. No.21573 of 2026(2) dt.16-04-2026
                                                       4/4




                     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      T


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