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Patna High Court

Meghan Kumar @ Meghan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the FIR does not disclose a prima facie offence, notwithstanding the bar in Section 76(2) of the Bihar Prohibition and Excise Act.

Summary

Meghan Kumar was implicated in an Excise case for alleged seizure of 749.460 litres of foreign liquor, based on the testimony of an arrested accomplice who named him as the person who handed over a pickup van. The petitioner argued he had no criminal antecedent, did not own or drive the vehicle, and sought anticipatory bail. The State opposed, citing the accusation. The court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) when the FIR does not establish a prima facie offence. Accordingly, the court granted anticipatory bail with several conditions, including a Rs.15,000 contribution to the District Legal Services Authority and a standard bail bond.

Issues considered

  • Whether an application for anticipatory bail is maintainable under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioner can be said to have committed an offence under Section 30(a) based on the FIR allegations.
  • Whether imposing a monetary contribution to the District Legal Services Authority as a condition of bail is permissible.

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 76
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25789 of 2026
                       Arising Out of PS. Case No.-322 Year-2025 Thana- Excise P.S. District- Katihar
                 ======================================================
                 Meghan Kumar @ Meghan Singh S/o Bhagwat Prasad Singh @ Bhagwat
                 Singh R/o - Udama Rekha, PS- Muffasil, District - Katihar

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

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

2   22-04-2026                  Heard Mr. Sanjeev Kumar Singh, learned counsel for

                   the petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Excise P.S. Case No. 322 of 2025 for the offence

                   under section 30(a) of the Bihar Prohibition and Excise Act lodged

                   on 13.09.2025 by the informant, Ravi Kishore Prasad.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the pick up van was intercepted and

                   there is recovery/seizure of 749.460 liters of foreign liquor. One

                   Raj Kumar was apprehended who gave the name of this petitioner

                   as the person who handed over the pick up van to him near the

                   over-bridge. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   neither he has criminal antecedent nor he owns the vehicle or at
Patna High Court CR. MISC. No.25789 of 2026(2) dt.22-04-2026
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          any point of time, was driver of the aforesaid pick up van, only

          because Raj Kumar has been apprehended and gave his name,

          implicated. The last submission is that without accepting the

          allegation and/or the outcome of the present case, the petitioner

          intends to contribute Rs. 15,000/- to the District Legal Services

          Authority, Katihar for beautification/putting up flower pots in the

          Civil Court Campus of Katihar 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 the

          apprehended person has named him.

                       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 owns the vehicle and has no criminal

          antecedent, in that background, this Court is inclined to extend
Patna High Court CR. MISC. No.25789 of 2026(2) dt.22-04-2026
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          him the privilege of anticipatory bail with conditions subject to

          payment of Rs. 15,000/-/- to the District Legal Services Authority,

          Katihar for beautification/putting up flower pots in the Civil Court

          Campus of Katihar 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,

          Katihar.

                       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 Exclusive Special Judge, Excise Court No. 1,

          Katihar in connection with Excise P.S. Case No. 322 of 2025

          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
          Patna High Court CR. MISC. No.25789 of 2026(2) dt.22-04-2026
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                    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.

                                 10. A copy of the order be sent to the Principal District

                    and Sessions Judge, Katihar for his/her perusal and needful.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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