Patna High Court
Rama Shankar Yadav @ Ramashankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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/-
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(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,
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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/-
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