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Patna High Court

Ravi Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the FIR did not establish a cognizable offence against the petitioner and the bar under Section 76(2) was not applicable.

Summary

Ravi Kumar Gupta, proprietor of a general store in Gopalganj, was implicated in a case (PS No. 956 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after liquor was seized from his premises. The petitioner sought anticipatory bail, arguing that he did not have actual possession of the seized liquor and that the store was managed by his employee, Rishi Kumar. The State opposed, contending that the petitioner owned the store and invoking the bar under Section 76(2) of the Act. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), held that anticipatory bail can be granted where the FIR does not disclose a cognizable offence against the accused despite the statutory bar. Consequently, the Court granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when no possession is established.
  • Whether the petitioner’s ownership of the store makes him liable for the alleged offence.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • possession
  • Section 76(2) bar
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21932 of 2026
                     Arising Out of PS. Case No.-956 Year-2025 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Ravi Kumar Gupta S/O Late Parma Nand Sah @ Parma Nand Sah Resident
                 Of Village - V M Field, P.s- Town, Dist Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Dwivedi, Adv.
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                      Heard Mr. Shailendra Kumar Dwivedi, learned

                   counsel for the petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Gopalganj Town P.S. Case No. 956 of 2025 for

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

                   Excise Act.

                                3. As per the prosecution story, the informant on

                   secret information, raided the general store of the petitioner and

                   there is recovery/seizure of 23.46 litre country made as also

                   foreign liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   though he is proprietor of the general store, it is run by his staff,

                   Rishi Kumar who was apprehended at the spot. Though the
Patna High Court CR. MISC. No.21932 of 2026(2) dt.16-04-2026
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          petitioner concede that he has criminal 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 he

          owns the store.

                       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, 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/-

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

          satisfaction of learned District and Addl. Sessions Judge XIII-
Patna High Court CR. MISC. No.21932 of 2026(2) dt.16-04-2026
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          cum-Spl. Excise Court No. I, Gopalganj in connection with

          Gopalganj Town P.S. Case No. 956 of 2025 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,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
           Patna High Court CR. MISC. No.21932 of 2026(2) dt.16-04-2026
                                                       4/4




                                  (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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