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Patna High Court

Julendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified by the court.

Summary

Julendra Paswan sought anticipatory bail after police seized 18 litres of country-made liquor from a motorcycle and implicated him under Section 30(a) of the Bihar Prohibition and Excise Act. He argued he was merely the owner of the vehicle and was away attending to nature's call when the seizure occurred. The State opposed the bail, but the court relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not establish an offence. Considering the petitioner’s clean record and the cited precedent, the court granted anticipatory bail with a cash bond and several conditions regarding appearance before police and courts, non‑tampering with evidence, and refraining from further offences. The order directs that bail be released upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.

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 facts alleged in the FIR constitute an offence under Section 30(a) against the petitioner.
  • Whether imposing specific conditions on anticipatory bail is appropriate.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • bail conditions
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21934 of 2026
                        Arising Out of PS. Case No.-38 Year-2026 Thana- CHENARI District- Rohtas
                 ======================================================
                 Julendra Paswan S/o- Snehi Paswan Resident of Village- Lanji, P.O and P.S.-
                 Chenari, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Kant, Adv.
                 For the Opposite Party/s :        Mr. Satyendra Prasad, 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 Chenari P.S. Case No. 38 of 2026 for the offence

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

                                3. As per the prosecution story, the Police during

                   patrolling     duty,       intercepted   a    motorcycle       and     there    is

                   recovery/seizure of 18 litre country made liquor. This led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that he

                   being the owner, has been implicated in the case. The fact is that it

                   was parked near the bank of the river and he went to attend the

                   nature’s call but the Police implicated him along with the

                   motorcycle.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.21934 of 2026(2) dt.16-04-2026
                                            2/3




          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 for anticipatory bail.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also the fact that the petitioner do not have 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/- (Ten

          thousand) with two sureties of like amount each to the satisfaction

          of learned Exclusive Special Judge, Court No. 1, Rohtas at

          Sasaram in connection with Chenari P.S. Case No. 38 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;
           Patna High Court CR. MISC. No.21934 of 2026(2) dt.16-04-2026
                                                       3/3




                                  (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;

                                  (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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