Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Act and the petitioner has no criminal antecedent, notwithstanding the bar under section 76(2).
Summary
The petitioner, Dilip Kumar, was implicated in a case (PS Case No 103 2024) for alleged possession of 4.5 litres of foreign liquor seized from a pick‑up van, under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had sold the vehicle in 2014 and that the registration was never transferred, so he had no possession of the liquor and no criminal antecedent. The State argued that he still owned the vehicle. Relying on the Patna High Court’s decision in Ram Vinay Yadav vs State of Bihar, the Court held that anticipatory bail can be granted despite the bar in section 76(2) if the FIR does not disclose a cognizable offence. Considering the lack of possession, clean record and the precedent, the Court granted anticipatory bail with a set of strict conditions. The order directs the petitioner to surrender within four weeks, furnish bail bond and sureties, and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2).
- Whether the petitioner can be said to have committed an offence under section 30(a) given he no longer owned the vehicle and had no possession of the seized liquor.
- Whether the petitioner’s clean criminal record and lack of recovered contraband justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- vehicle registration
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27835 of 2026
Arising Out of PS. Case No.-103 Year-2024 Thana- CHORAUT District- Sitamarhi
======================================================
Dilip Kumar S/O Late Vinod Ram R/O- Pachra Nimahi Sulipgadha, P.S-
Bajpatti, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
: Mr. Aditya Kumar Pandey, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard Mr. Aditya Kumar Pandey, learned counsel
for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Chouraut P.S. Case No. 103 of 2024 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 06.09.2024 by the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged
that on secret informant intercepted a Pick-Up Van and
recovered/seized 4.5 liter foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
though he earlier own the vehicle, it was later sold in the year
2014 to one Surendra Mandal but the said person failed to get
the registration transferred which made him accused in this case.
Patna High Court CR. MISC. No.27835 of 2026(2) dt.29-04-2026
2/4
Last submission is that he do not have 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 submitting that he
owns the vehicle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the fact that he do not have criminal antecedent and nothing
has been recovered from his conscious possession, in that
background, 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
Patna High Court CR. MISC. No.27835 of 2026(2) dt.29-04-2026
3/4
satisfaction of learned Special Judge, Exclusive Excise Court-
02, Sitamarhi in connection with Chouraut P.S. Case No. 103 of
2024 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;
Patna High Court CR. MISC. No.27835 of 2026(2) dt.29-04-2026
4/4
(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)
vinayak/-
U T
Checking your session…