Patna High Court
Hari YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted because the FIR did not establish a cognizable offence against the petitioner and the bar under Section 76(2) was not applicable.
Summary
The petitioner, Hari Yadav, sought anticipatory bail fearing arrest in a case under sections 30(a) and 45 of the Bihar Prohibition and Excise Act, where his son and nephew were caught with 80 litres of illicit liquor. The FIR alleged the liquor was in a vehicle owned by the petitioner, but no liquor was recovered from his conscious possession and he has no criminal antecedent. The petitioner relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail applications despite the bar in Section 76(2) when the FIR does not disclose a cognizable offence. The State opposed the relief. The Court, noting the lack of possession, clean record, and the precedent, granted anticipatory bail with a bail bond of Rs 10,000 and multiple conditions regarding sureties, cooperation with police, regular court appearances, and non‑interference with witnesses. The order directs that the bail be effective if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the facts disclosed in the FIR constitute an offence attributable to the petitioner.
Subjects
- anticipatory bail
- prohibition act
- excise law
- section 76(2)
- possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27795 of 2026
Arising Out of PS. Case No.-394 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Hari Yadav S/O Birmukh Yadav R/O vill- Badshara, Ps- Ramgarh, Dist-
Kaimur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the State : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 No one appears on behalf of the petitioner though
State is present.
2. The petitioner is apprehending his arrest in
connection with Durgawati P.S. Case No. 394 of 2025 for the
offence under sections 30(a) and 45 of the Bihar Prohibition and
Excise Act lodged on 18.12.2025 by the informant, Sanjay
Kumar Yadav.
3. As per the prosecution story, the Police intercepted
the vehicle and the son and nephew of the petitioner was
arrested with 80 liter country made liquor. This led to the FIR.
4. As per the petition, the petitioner owns the
motorcycle and it was being driven by his son and nephew,
nothing has been recovered from his conscious possession, he
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has no criminal antecedent.
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.
7. Considering the aforesaid facts and the judgment in
the case of Ram Vinay Yadav (supra), as also that the
petitioner has no criminal antecedent and nothing has been
recovered from his conscious possession, 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 Exclusive Special Judge (Excise) No.-II,
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Kaimur At Bhabhua in connection with Durgawati P.S. Case No.
394 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
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
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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