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Patna High Court

Hari YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.27795 of 2026(2) dt.29-04-2026
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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,
Patna High Court CR. MISC. No.27795 of 2026(2) dt.29-04-2026
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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
            Patna High Court CR. MISC. No.27795 of 2026(2) dt.29-04-2026
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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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