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Patna High Court

Abhishek Kumar @ Goldan @ Golden Kumar @ Vishwajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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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 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
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          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
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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)
Adnan/-

U     T


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