Patna High Court
Akash Singh @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, holding that the alleged seizure does not amount to an offence under the Act and the bar under Section 76(2) is not applicable.
Summary
Akash Singh sought anticipatory bail fearing arrest under sections 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 5.58 litres of foreign liquor recovered from bushes. The FIR was based on a informant’s tip and the local chowkidar’s identification, despite the seizure not being from the petitioner’s conscious possession. The petitioner argued that the facts did not constitute an offence under the Act and relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail even where Section 76(2) of the Act would otherwise bar it. The State opposed the bail on the ground of the petitioner’s prior criminal antecedent. The Court, after considering the submissions and the precedent, granted anticipatory bail with a detailed set of conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the facts of seizure from an open place, absent conscious possession, constitute an offence under section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure
- possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21576 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- MURAR District- Buxar
======================================================
Akash Singh @ Chhotu S/o Dadan Singh @ Dadan Kumar Singh Resident of
village- Chaugai Pachim Patti, PS- Murar, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Arvind Kumar Pradhan, learned counsel
for the petitioner and Mr. Bharat Bhushan, learned APP.
2. The petitioner is apprehending his arrest in
connection with Murar P.S. Case No. 95 of 2025 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 near
the bushes, there is recovery of 5.580 liter foreign liquor. The
local Chowkidar named this petition. This led to the FIR.
4. Learned counsel for the petitioner submits that a
perusal of the FIR would show that the recovery/seizure is from
the bushes and not from his conscious possession and only
because of his one criminal antecedent, the Chowkidar has
named him.
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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
has criminal antecedent.
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 recovery/seizure is from an open place and not
from his conscious possession, 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 Court of Ex. Spl. Excise Court No. 2,
Patna High Court CR. MISC. No.21576 of 2026(2) dt.16-04-2026
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Buxar in connection with Murar P.S. Case No. 95 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
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
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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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