Patna High Court
Chandi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners.
Summary
Chandi Devi and Ganaur Paswan were named in an FIR under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly selling illegal liquor, based on a tip from a chowkidar. The petitioners sought anticipatory bail, arguing lack of conscious possession and reliance on the Ram Vinay Yadav decision which allows anticipatory bail despite the bar in section 76(2) if no offence is made out. The State opposed, citing the chowkidar’s identification. The High Court, after considering the submissions and the precedent, found no material linking the petitioners to the seized liquor and granted anticipatory bail under Section 438 of the Cr.P.C., imposing standard bail conditions. The order directs the petitioners to appear before the police and trial court as required and sets a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act despite the bar under section 76(2).
- Whether the facts alleged in the FIR constitute an offence under section 30(a) of the Act.
- Whether the petitioners’ arrest is justified in the absence of seizure from their conscious possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- section 30(a)
- section 438 CrPC
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21655 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
1. Chandi Devi W/o- Harendra Paswan Village- Hilalpur Ward no-03 PS-
Industrial Area Dist- Vaishali
2. Ganaur Paswan S/o- Harendra Paswan Village- Hilalpur Ward no-03 PS-
Industrial Area Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr.Vasant Vikas, learned counsel for the
petitioners and the State.
2. The petitioners are apprehending arrest in
connection with Industrial Area Police Station Case No. 31 of
2026 registered for the offence under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act lodged on 10.02.2026
by the informant,Sadre Alam.
3. As per the prosecution story, the informant alleged
that on secret information about selling of illegal liquor from the
house, the place was raided and there is recovery/seizure of 9
liters of country made liquor from the plastic bucket. The
‘Chowkidar’ named these petitioners which led to the FIR.
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4. Learned counsel for the petitioners submit that
while the lady has no criminal antecedent, the petitioner no.2,
the son has one criminal antecedent. They have been repeatedly
framed by the local ‘Chowkidar’.
5. Further, learned counsel for the petitioners 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 of 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 the
‘Chowkidar’ has named them.
7. Considering the submissions of the parties as also
and the judgment of Ram Vinay Yadav (supra), nothing has
been recovered from their conscious possession, in that
background, this Court is inclined to extend them the privilege
of anticipatory bail.
8. Let the petitioners be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
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bail bond of Rs. 10,000/- (Ten Thousand) each with two
sureties of the like amount each in connection with Industrial
Area Police Station Case No. 31 of 2026 to the satisfaction of
learned Excl. Spl. Excise Court No.I-cum Additional District &
Sessions Judge, Vaishali at Hajipur subject to the conditions as
laid down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 their bail bond by the Trial Court itself;
(iv) the petitioners 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;
(v) the petitioners shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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