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Patna High Court

Bajrangi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted as no offence under Section 30(a) is made out against the petitioner and he has no criminal antecedent.

Summary

Bajrangi Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 28 litres of country-made liquor from his motorcycle. He contended that the bike was being used by his brother and that no liquor was found in his possession, and he has no criminal antecedent. The prosecution argued that the motorcycle belonged to the petitioner. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the facts. Finding no material indicating the petitioner’s possession or prior offences, the court granted anticipatory bail with stringent conditions, reserving the right to cancel the bail if circumstances change.

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).
  • Whether the petitioner’s alleged involvement constitutes an offence under Section 30(a) 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
  • Section 30(a)
  • Section 76(2)
  • seizure of liquor
  • possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21633 of 2026
                       Arising Out of PS. Case No.-13 Year-2026 Thana- KACCHWA District- Rohtas
                 ======================================================
                 Bajrangi Kumar Son of Dev Kumar Mehta Resident of Village - Sabari, P.S.-
                 Kachhawa, District - Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, 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 Kacchwa P.S. Case No. 13 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 18.01.2026 by the informant, Dharmendra Kumar

                   Singh.

                                3. As per the prosecution story, the Police, on

                   information,        intercepted      a    motorcycle        and      there     is

                   recovery/seizure of 28 liters of country made liquor. This led to

                   the FIR.

                                4. Learned counsel for the petitioner submits that he

                   owns the motorcycle which was being driven by his brother

                   Anup Kumar who had gone to purchase medicine for the

                   mother. In the meantime, he got apprehended alongwith the
Patna High Court CR. MISC. No.21633 of 2026(2) dt.16-04-2026
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          liquor.

                       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 nothing has been recovered from his conscious

          possession and he do not have any 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
Patna High Court CR. MISC. No.21633 of 2026(2) dt.16-04-2026
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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, Rohtas at Sasaram in connection with Kacchwa P.S. Case

          No. 13 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

          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
          Patna High Court CR. MISC. No.21633 of 2026(2) dt.16-04-2026
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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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