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Patna High Court

Ramjeet Yadav @ Ramjit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no offence is made out against the petitioner and the bar under Section 76(2) does not preclude such relief.

Summary

The petitioner, Ramjeet Yadav, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 531 litres of illicit liquor. He contended that he was merely the owner of the vehicle and had no knowledge of the contraband, and he had no prior criminal record. Relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar, he sought anticipatory bail under Section 438 of the Cr.P.C., arguing that the bar under Section 76(2) of the Excise Act should not apply where no offence is made out. The court accepted the submission, noting the absence of possession and antecedents, and granted anticipatory bail subject to a Rs 10,000 payment to the District Legal Services Authority and a series of attendance and conduct conditions. The order directed the petitioner to appear before the police and trial court as stipulated, with bail bond and sureties to be furnished.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act despite the bar in Section 76(2).
  • Whether the petitioner’s lack of knowledge and non‑possession of the liquor justify the grant of anticipatory bail.
  • Whether imposing a payment to the District Legal Services Authority as a condition of bail is permissible.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • prohibition act
  • Section 438 CrPC
  • Section 76(2) bar
  • bail conditions
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25496 of 2026
                       Arising Out of PS. Case No.-298 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
                 Ramjeet Yadav @ Ramjit Yadav Son of Tuntun Yadav Resident of Village-
                 Mahpur Khajarauni, P.S. - Hussainganj, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr.Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Darauli P.S. Case No. 298 of 2025 instituted under Section

                   30(a), 41(1) of the Bihar Prohibition and Excise (Amendment)

                   Act 2022 lodged on 02.11.2025 by the informant, Avinash

                   Kumar Jha.

                                3. As per the prosecution story, the informant alleged

                   that a Pick-Up-Van was intercepted and there is recovery of 531

                   liters of country made liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   being the bona-fide owner, and handed over it to the driver little

                   knowledge that the liquor is being carried on it. He has no

                   criminal antecedent. Last submission is that irrespective of the

                   outcome of the present case and/or accepting the allegation, the
Patna High Court CR. MISC. No.25496 of 2026(2) dt.22-04-2026
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          petitioner intends to contribute Rs.10,000/- to the District Legal

          Services Authority, Siwan for installing music system in the

          Civil Court, Siwan 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 he

          is the owner of the vehicle.

                       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
Patna High Court CR. MISC. No.25496 of 2026(2) dt.22-04-2026
                                            3/4




          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

          bail subject to payment of Rs.10,000/- to the District Legal

          Services Authority, Siwan for installing music system in the

          Civil Court, Siwan through Demand Draft issued by the local

          branch of the State Bank of India.

                       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 Darauli P.S. Case No.

          298 of 2025 to the satisfaction of learned Exclusive Special

          Excise Court No.1, 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;
             Patna High Court CR. MISC. No.25496 of 2026(2) dt.22-04-2026
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                                    (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 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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