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Patna High Court

Raj Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                      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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