Patna High Court
Bajrangi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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
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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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