Patna High Court
Abhishek Kumar @ Goldan @ Golden Kumar @ Vishwajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted because the FIR did not establish an offence under the Bihar Prohibition and Excise Act and the seizure was not from the petitioner’s conscious possession.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 28.46 litres of foreign liquor were seized from a bamboo grove, not from his conscious possession. The prosecution alleged the petitioner was involved in liquor business and highlighted his criminal antecedent. The petitioner argued that no offence under the Act was made out against him and relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not establish an offence. The court, considering the precedent and the fact that the seizure was not from the petitioner’s possession, granted anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with attendance, cooperation, and non‑interference conditions.
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) when the FIR does not establish an offence.
- Whether the seizure of liquor from a location not in the petitioner’s conscious possession negates the charge under Section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76
- seizure of liquor
- conscious possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21617 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Abhishek Kumar @ Goldan @ Golden Kumar @ Vishwajeet Kumar Son of
Om Prakash Sah Resident of Village- Dabariya, P.S.- Nautan, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, 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 Nautan P.S. Case No. 512 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act lodged on 19.10.2025 by the informant, Shailendra Kumar.
3. As per the prosecution story, the informant upon
secret information that this petitioner is carrying out liquor
business, raided the place and near the bamboo groves, there is
recovery/seizure of 28.46 liters of foreign liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that
only because of criminal antecedent, he has been implicated
and nothing has been recovered from his conscious possession.
Patna High Court CR. MISC. No.21617 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
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 that the recovery/seizure is from bamboo groves 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 Special Judge Excise-1st, Bettiah, West
Patna High Court CR. MISC. No.21617 of 2026(2) dt.16-04-2026
3/4
Champaran in connection with Nautan P.S. Case No. 512 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 shall be appearing before the Police
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
Patna High Court CR. MISC. No.21617 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)
Adnan/-
U T
Checking your session…