Patna High Court
Vivek Singh @ Vivek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence is made out against the petitioner and he has no criminal antecedent, subject to specified conditions.
Summary
Vivek Singh applied for anticipatory bail in a case (Siwan Muffasil P.S. Case No. 36 of 2026) involving alleged seizure of 457.92 litres of foreign liquor under the Bihar Prohibition and Excise Act and several sections of the BNS. He contended that he was neither the owner nor the driver of the vehicle and had no prior criminal record. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, the petitioner argued that anticipatory bail could be granted despite the bar under Section 76(2) if no offence is made out. The court, noting the petitioner’s lack of antecedent and that the seized liquor was not in his possession, granted anticipatory bail with conditions, including a payment of Rs 10,000 to the District Legal Services Authority for flower pots, a bail bond, sureties, and various compliance requirements. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any condition.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) of the Act?
- Whether the petitioner, who is not the owner or driver of the vehicle and has no criminal antecedent, is liable to be arrested under the FIR.
- Whether imposing a condition of payment to the District Legal Services Authority is permissible in granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 317(5), 318(4), 336(3), 338, 3(5)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- criminal antecedent
- bail conditions
- District Legal Services Authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25462 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Vivek Singh @ Vivek Kumar Singh S/o Vijay Bahadur Singh R/o Village -
Sagra, P.S- Nautan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard Mrs. Kumari Anupam, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Siwan Muffasil P.S. Case No. 36 of 2026 for the
offence under Sections 30(a) of the Bihar Prohibition and Excise
Act and Sections 317(5), 318(4), 336(3), 338, 109 and 3(5) of the
BNS lodged on 20.01.2026 by the informant, Pintu Kumar.
3. As per the prosecution story, the informant alleged
that on secret information, a four wheeler was intercepted and
there is recovery/seizure of 457.920 liters of foreign liquor. This
led to the FIR.
4. Learned counsel for the petitioner submits that
neither he is the owner nor the driver of the vehicle, further, has no
criminal antecedent, only because his name has cropped up,
Patna High Court CR. MISC. No.25462 of 2026(2) dt.22-04-2026
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implicated. The last submission is that without accepting the
allegation and/or the outcome of the present case, the petitioner
intends to contribute Rs. 10,000/- to the District Legal Services
Authority, Siwan for the purchase of flower pots in the Civil Court
Campus of Siwan Judgeship through Demand Draft issued by the
local branch of the State Bank of India.
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 his
name has cropped up as the person who escaped from the car.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have any criminal antecedent and the
recovery is not from his conscious possession, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions subject to payment of Rs. 10,000/- to the
District Legal Services Authority, Siwan for the purchase of flower
Patna High Court CR. MISC. No.25462 of 2026(2) dt.22-04-2026
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pots in the Civil Court Campus of Siwan Judgeship through
Demand Draft issued by the local branch of the State Bank of
India and the receipt of the expenditure shall be submitted to the
trial Court by the DLSA, Siwan.
8. If, however, it is found that contrary to the statement
made in paragraph-3, the petitioner has criminal antecedent, the
present order shall become infructuous.
9. 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 Court of Special Judge Excise Court-II, Siwan in
connection with Siwan Muffasil P.S. Case No. 36 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 shall be appearing before the Police
Station as and when required for cooperating 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;
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(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.
10. A copy of the order be sent to the Principal District
and Sessions Judge, Siwan for his/her perusal and needful.
(Rajiv Roy, J)
Adnan/-
U T
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