Patna High Court
Chandu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
2/4
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
3/4
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
Checking your session…