Patna High Court
Shrawan Kumar RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as the petitioner has no criminal antecedent, no possession of the seized liquor, and the precedent allows bail despite Section 76(2) where no offence is made out.
Summary
Shrawan Kumar Rishi sought anticipatory bail after being implicated in a case under sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act for the alleged seizure of 4.8 litres of foreign liquor from a motorcycle. He contended that the motorcycle had been sold earlier, he had no possession of the liquor and possessed no criminal antecedent. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, he argued that anticipatory bail could be granted despite the bar in Section 76(2) if no offence is made out. The State opposed, asserting ownership of the motorcycle. The Court, noting the petitioner’s clean record and the cited precedent, granted anticipatory bail subject to stringent conditions, reserving the right to cancel the bail if any adverse facts emerged.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the facts alleged in the FIR constitute an offence under sections 30(a), 41 and 47 of the Act.
- Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- criminal antecedent
- Section 76(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21632 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- BAISI District- Purnia
======================================================
Shrawan Kumar Rishi S/o- Laxman Rishi R/v- Sri Ram Tola, Belouri Ps-
Bilauri Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Arvind Kumar Pandey, learned counsel for
the petitioner and Mr. Shyam Bihari Singh, learned APP for the
State.
2. The petitioner is apprehending his arrest in
connection with Baisi P.S. Case No. 13 of 2025 for the offence
under sections 30(a), 41 and 47 of the Bihar Prohibition and
Excise Act lodged on 13.01.2025 by the informant, Permanand
Paswan.
3. As per the prosecution story, the Police, on
information, intercepted a motorcycle and there is
recovery/seizure of 4.800 liters of foreign liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that he
has no criminal antecedent, the motorcycle was earlier owned
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by him but later sold to Rakesh Kumar Yadav and nothing has
been recovered from his conscious possession.
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
owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he has no criminal antecedent, in that background, this
Court is inclined to extend him the privilege of anticipatory bail
with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
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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 Exclusive Special Judge Excise Court
No. 1, Purnea in connection with Baisi P.S. Case No. 13 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
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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)
Adnan/-
U T
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