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Patna High Court

Rama Shankar Yadav @ Ramashankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner.

Summary

The petitioner, Rama Shankar Yadav, was implicated in a case (Ara Nawada PS Case No.71 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act after liquor was found in a broken motorcycle that he owned. He argued that he had no criminal antecedent, the liquor was not in his conscious possession, and that ownership alone should not make him liable. The State contended that as the owner of the vehicle, he could not escape responsibility. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the Court held that anticipatory bail can be granted despite the bar in Section 76(2) if no offence is made out. Considering the lack of possession and clean record, the Court granted anticipatory bail with a set of strict conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.

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 mere ownership of a vehicle in which contraband is found makes the owner liable under Section 30(a).
  • Whether the absence of conscious possession and lack of criminal antecedent justify granting anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • ownership liability
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21665 of 2026
                     Arising Out of PS. Case No.-71 Year-2026 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Rama Shankar Yadav @ Ramashankar Yadav S/o Rama Nand Yadav R/o vill -
                 Harnath Kundi (Har Nath Kundi), P.S - Udwantnagar, District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar, Adv.
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, 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 Ara Nawada P.S. Case No. 71 of 2026 for the

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

                   Act.

                                3. The Police on information that a motorcycle driver

                   has met with an accident, reached the place, the driver was not

                   there and in the broken dickey, there was foreign liquor to the

                   tune of 4.68 litre english wine and one Royal Stag of 775 ml

                   broken bottle. This led to the FIR.

                                4. It is the case of the petitioner that he owns the

                   motorcycle which was taken by the villager who met with an

                   accident and only because of his ownership, got implicated. The

                   last submission is that the petitioner do not have criminal
Patna High Court CR. MISC. No.21665 of 2026(2) dt.16-04-2026
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          antecedent.

                       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

          being the owner, he cannot exonerate himself from the

          responsibility.

                       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 nor he has criminal antecedent, 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/-
Patna High Court CR. MISC. No.21665 of 2026(2) dt.16-04-2026
                                            3/4




          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Excise Court No.-1st,

          Bhojpur at Ara/ concerned Court                      in connection with Ara

          Nawada P.S. Case No. 71 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(s) shall be appearing before the

          Police Station as and when required for co-operating 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,
           Patna High Court CR. MISC. No.21665 of 2026(2) dt.16-04-2026
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                     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)
Vijay Singh/-

U      T


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