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Patna High Court

Niranjan Kumar @ Niranjan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted as the petitioner’s antecedents are clean, no liquor was recovered from his possession, and the investigation failed to comply with mandatory procedural requirements, notwithstanding the provisions of Section 76(2).

Summary

The petitioner Niranjan Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 50 litres of country‑made liquor. The recovery was made from two motorcycles, and the petitioner’s name was recorded only on the basis of a statement by a local chowkidar; no liquor was found in his conscious possession. The petitioner, who has a clean antecedent, sought anticipatory bail, arguing that the investigation violated mandatory procedures under Section 100 of the CrPC and Section 103 of the Bhartiya Nagarik Suraksha Sanhita. The State opposed bail, relying on Section 76(2) of the Bihar Prohibition and Excise Act. Referring to the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court held that the lack of material evidence and procedural lapses justified granting anticipatory bail, subject to conditions under Section 438(2) CrPC/Section 482(2) BNSS. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, imposing standard bail conditions.

Issues considered

  • Whether anticipatory bail can be granted when the alleged contravention is based solely on a third‑party disclosure and no material is recovered from the accused
  • Whether Section 76(2) of the Bihar Prohibition and Excise Act bars the grant of anticipatory bail
  • Whether non‑compliance with the procedural requirements of Section 100 CrPC/Section 103 BNSS vitiates the prosecution’s case

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • Code of Criminal Procedure
  • Section 438(2)
  • Section 100
  • Bhartiya Nagarik Suraksha Sanhita
  • Section 103
  • Section 482(2)
  • procedural lapse
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24291 of 2026
                        Arising Out of PS. Case No.-92 Year-2024 Thana- DORIGANJ District- Saran
                 ======================================================
                 Niranjan Kumar @ Niranjan Rai Sadhu Rai R/O Vill.- Balua, P.S-
                 Doriganj,Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                      Heard       Mr. Dewendra Narayan Singh, learned

                   counsel for the petitioner and              Mr. Humayou Ahmad Khan,

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Doriganj P.S. Case No. 92 of 2024, F.I.R dated

                   11.04.2024 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 50 liters of country made liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R is false and fabricated. He

                   further submits that it appears from the F.I.R that nothing has

                   been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.24291 of 2026(2) dt.17-04-2026
                                            2/4




          rather the recovery has been made from two motorcycles in

          question and name of the petitioner has been transpired on the

          basis of disclosure made by local chowkidar and he stated that

          the petitioner escaped from the place of occurrence and except

          the disclosure made by local chowkidar, no other cogent

          material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. There is

          non-compliance with mandatory procedure prescribed for

          recovery under Section 100 of Cr.P.C / Section 103 of Bhartiya

          Nagarik Suraksha Sanhita. No case, whatsoever, would be made

          out against the petitioner under the Bihar Prohibition and Excise

          Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant
Patna High Court CR. MISC. No.24291 of 2026(2) dt.17-04-2026
                                            3/4




          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner and the

          petitioner has clean antecedent and his transpired on the basis of

          disclosure made by local chowkidar, let the petitioner, above

          named, in the event of his arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Sessions

          Judge-cum-Presiding Officer, Exclusive Special Excise Court

          No.03, Saran at Chapra in connection with Doriganj P.S. Case

          No. 92 of 2024, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.24291 of 2026(2) dt.17-04-2026
                                                        4/4




                                      ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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