Patna High Court
Rahul Rai @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the FIR does not establish a prima facie offence against the petitioner, subject to prescribed conditions.
Summary
The petitioner, Rahul Rai, sought anticipatory bail after an FIR under Section 30(a) of the Bihar Prohibition and Excise Act alleged his involvement in the seizure of 180 litres of illicit liquor. The prosecution’s case was based on a raid that recovered the liquor, but the petitioner argued that the liquor was not found in his conscious possession and he has no prior criminal record. The petitioner’s counsel relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not establish an offence. The court, noting the lack of direct evidence against the petitioner and the precedent, granted anticipatory bail with a set of conditions, including bond, sureties, regular appearances before the trial court and police, 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
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when the FIR does not establish an offence?
- Whether the petitioner’s lack of possession of the seized liquor and clean antecedent justify granting anticipatory bail?
- What conditions are appropriate to impose on anticipatory bail in such excise cases?
Subjects
- anticipatory bail
- excise law
- prohibition act
- illicit liquor
- Section 30
- Section 76(2)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25512 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Rahul Rai @ Rahul Kumar Son of Bhola Rai R/o Village - Sadha, P.S. -
Chapra Mufassil, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Muffasil P.S. Case No.24 of 2026 for the offence
under section 30(a) of Bihar Prohibition and Excise Act lodged on
12.01.2026 by the informant, Binay Kumar Yadav.
3. As per the prosecution story, on information, the
police party raided the place of occurrence and 180 litres of illicit
liquor has been recovered from the spot. This led to the FIR.
4. Learned counsel for the petitioner submits that
there is no recovery from the conscious possession of the petitioner
and the petitioner has no criminal antecedent. Learned counsel
further submits that Mohan Rai, who was apprehended gave the
name of the petitioner.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
Patna High Court CR. MISC. No.25512 of 2026(2) dt.22-04-2026
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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
Mohan Rai is named in the F.I.R.
7. Taking into account the submissions of the parties
as also that he does not have criminal antecedent as also the
Judgment in the case of Ram Vinay Yadav vs. State of Bihar
(supra), 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 Ist Special Judge Excise, Saran at Chapra in connection
with Muffasil P.S. Case No.24 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
Patna High Court CR. MISC. No.25512 of 2026(2) dt.22-04-2026
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document (Aadhaar Card/Voter ID Card/Pan Card/Driving) to
show his/her bona fide;
(ii) 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;
(iii) the petitioner shall appear before the concerned
police station every month 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;
(iv) 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;
(v) 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)
sanjeev/-
U T
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