Patna High Court
Dhiraj Kumar @ Dhiraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Amendment Act, notwithstanding the bar in Section 76(2).
Summary
The petitioner, Dhiraj Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly selling 36 litres of illicit liquor, based on information from an informant. He contended that no liquor was recovered from his possession, he has no criminal record, and his inclusion in the FIR was due to personal enmity. 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 statutory bar in Section 76(2) of the Act if no offence is made out. The State opposed, stating the petitioner had fled. The Court, after considering the submissions and the precedent, granted anticipatory bail subject to stringent conditions, including a bail bond, sureties, regular police attendance, and non‑interference with witnesses. The order directs that the bail be effected if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether an application for anticipatory bail is maintainable under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2).
- Whether the facts of the case justify the grant of anticipatory bail to the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30
- Section 76(2)
- Section 438
- liquor seizure
- enquiry
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25480 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- AANDAR District- Siwan
======================================================
Dhiraj Kumar @ Dhiraj Yadav S/o Bala Yadav R/o Village- Katwar, P.S-
Asaon, Dist- Siwan.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard Mr.Ajay Kumar Tiwary, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Andar P.S. Case No. 289 of 2025 instituted under Section
30(a) of the Bihar Prohibition and Excise Amendment Act, 2022
lodged on 29.09.2025 by the informant, Niranjan Kumar.
3. As per the prosecution story, the informant alleged
that on secret information about selling of liquor by the accused
persons, reached the place and there is recovery/seizure of 36
liters of country made liquor. The local gave the name of this
petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession nor
he has criminal antecedent, only because due to enmity, his
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name was inserted in the FIR.
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.
7. Learned counsel for the petitioner submits that he is
ready to put in his attendance for every day for next one month
before the concerned police station and if it is found that he is
indulged in any criminal activity in future, the State can take
steps for cancellation of present bail bond, if he is granted relief.
8. 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
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bail.
9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Andar P.S. Case No.
289 of 2025 to the satisfaction of learned Exclusive Special
Judge Excise Court No.I, Siwan subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) 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;
(iv) the petitioner shall appear before the concerned
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police station every day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of 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)
Ravi/-
U T
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