Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail, finding no material recovered from the petitioner’s conscious possession and no criminal antecedent, despite the Section 76(2) bar.
Summary
Krishna Kumar sought anticipatory bail after the police intercepted a motorcycle and seized 20 litres of country-made liquor, leading to an FIR under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the liquor was not in his conscious possession and had been handed over to a neighbour, and he has no prior criminal record. The State contended that the petitioner owned the motorcycle and could be implicated. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, the court examined whether the bar under section 76(2) of the Act precludes anticipatory bail when no offence is established. The court held that, given the lack of material recovered from the petitioner and his clean antecedent, anticipatory bail could be granted with strict conditions. Accordingly, the petitioner was released on bail subject to a bond, sureties, and compliance with several attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in section 76(2).
- Whether the petitioner’s alleged ownership of the motorcycle and the seizure of liquor constitute sufficient grounds for arrest.
- Whether the petitioner’s lack of conscious possession and clean criminal record justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- possession
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25783 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- BIBHUTIPUR District- Samastipur
======================================================
Krishna Kumar S/o Ganga Prasad Singh R/o Village - Birsahiya, P.S. -
Bibhutipur, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Adv.
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
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 Bibhutipur P.S. Case No. 80 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police intercepted a
motorcycle and from the bag, there is recovery/seizure of 20 litre
country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he
being the owner, got implicated. Nothing has been recovered from
his conscious possession and it was handed over to a neighbour.
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)
Patna High Court CR. MISC. No.25783 of 2026(2) dt.22-04-2026
2/3
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
owns the motorcycle.
7. 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 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 Special Judge (Excise)-1, Samastipur in connection
with Bibhutipur P.S. Case No. 80 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;
Patna High Court CR. MISC. No.25783 of 2026(2) dt.22-04-2026
3/3
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating 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
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.
(Rajiv Roy, J)
Vijay Singh/-
U T
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