Patna High Court
Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner, subject to prescribed conditions.
Summary
Petitioner Raj Kumar Rai sought anticipatory bail after an FIR was lodged under sections 30(a) of the Bihar Prohibition and Excise Act alleging that 13.59 litres of foreign liquor were seized from agricultural land he purportedly owned. He contended that he does not own the land, has no criminal antecedent, and was falsely implicated. The State opposed the bail. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar under Section 76(2) when no offence is established, held that the allegations did not constitute a cognizable offence against the petitioner. Consequently, the Court granted anticipatory bail with a bond of Rs.10,000 and six specific conditions, directing that the bail be effected if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Whether the petitioner, who claims no ownership of the land and no possession of the liquor, can be said to have committed an offence under section 30(a).
- What conditions are appropriate for granting anticipatory bail in such excise matters.
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure of liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21583 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Excise P.S. District- Samastipur
======================================================
Raj Kumar Rai S/o Asharfi Rai @ Ashrfi Rai R/o Vill- Chakjafar Khajuri,
Ward no.10, P.S- Warisnagar, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Advocate
For the State : Mr. Vinod Shanker Modi, 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 Sadar Excise P.S. Case No. 21 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 20.01.2026 by the informant, Harinandan Kumar
Pal.
3. As per the prosecution story, the informant alleged
that on secret information, the Police reached the agricultural
land of the petitioner and seized 13.59 liter foreign liquor. This
led to the FIR.
4. Learned counsel for the petitioner submits that he
do not own the land, falsely implicated and has no 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 case of Ram Vinay Yadav vs. State of Bihar reported in
Patna High Court CR. MISC. No.21583 of 2026(2) dt.16-04-2026
2/3
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.
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 Special Judge, Excise-II, Samastipur in
connection with Sadar Excise P.S. Case No. 21 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 shall be appearing before the Police
Patna High Court CR. MISC. No.21583 of 2026(2) dt.16-04-2026
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Station as and when required for cooperating 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)
vinayak/-
U T
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