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Patna High Court

Chandan Sah @ chandan kumar sahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even though Section 76(2) bars it, provided the FIR does not establish an offence against the applicants.

Summary

The petitioners, Chandan Sah and Chotu Kumar, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 443.33 litres of foreign liquor from two vehicles. They contended that they neither owned the vehicles nor had the liquor in their conscious possession, and sought anticipatory bail. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, the court examined whether Section 76(2) of the Act bars anticipatory bail when no offence is made out on the FIR. The court held that anticipatory bail could be granted despite the statutory bar, given the lack of direct possession and ownership. Accordingly, the court granted anticipatory bail with a bail bond of Rs 10,000 each, two sureties, and several conditions, including a payment of Rs 7,500 each to the District Legal Services Authority for a music‑system installation.

Issues considered

  • Whether anticipatory bail is permissible under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioners' lack of ownership and conscious possession of the seized liquor justifies granting anticipatory bail.
  • Whether the condition of payment to the District Legal Services Authority is a valid condition of bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 76(2)
  • foreign liquor seizure
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27839 of 2026
                          Arising Out of PS. Case No.-16 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
           1.     Chandan Sah @ chandan kumar sah Son of Dulachand Sah @ Dularchand
                  sah R/O Village- Manikbara, Ward No. 11, P.S.- Simraha, District- Araria
           2.     Chotu Kumar Son of Nathan Sah @ Naththan Sah R/O Village- Manikbara,
                  Ward No. 11, P.S.- Simraha, District- Araria
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Ms. Manisha Khushi, Advocate
                 For the State             :         Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-04-2026                      Heard Ms. Manisha Khushi, learned counsel for the

                   petitioner and learned APP representing the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with R.S. P.S. Case No. 16 of 2026 for the offence

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

                   lodged on 27.01.2026 by the informant, Ankur.

                                 3. As per the prosecution story, the informant alleged

                   that two four wheeler vehicle, a Fortuner and Maruti Suzuki Car

                   were intercepted and while some managed to escape, other

                   apprehended. They gave the name of these petitioners and from

                   the two vehicles, there is recovery/seizure of 443.330 liter

                   foreign liquor. This led to the FIR.

                                 4. Learned counsel for the petitioners submit that only

                   because of criminal antecedent, they got implicated, nothing has

                   been recovered from their conscious possession nor they own
Patna High Court CR. MISC. No.27839 of 2026(2) dt.29-04-2026
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          the vehicle. Further, if granted relief, they shall not indulge in

          any criminal activity and if their name comes in any other case,

          the State may take steps for cancellation of bail bond. Last

          submission is that without accepting the allegation or outcome

          of the petition the petitioner intends to pay Rs.7,500/- each

          (totaling Rs.15,000/-) by Demand Draft issued by the local

          branch of the State Bank of India/any Nationalized Bank to the

          District Legal Services Authority, Araria for the installation of

          music system in the Civil Court, Araria.

                       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

          those apprehended named him.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as
Patna High Court CR. MISC. No.27839 of 2026(2) dt.29-04-2026
                                            3/4




          also that the petitioner do not own the vehicle, nor anything

          recovered from their conscious possession, in that background,

          this Court is inclined to extend them the privilege of

          anticipatory bail with conditions subject to payment of

          Rs.7,500/- each (totaling Rs.15,000/-) by Demand Draft issued

          by the local branch of the State Bank of India/any Nationalized

          Bank to the District Legal Services Authority, Araria for the

          installation of music system in the Civil Court, Araria at the

          time of execution of bail bond.

                       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) each with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Judge, Excise-1, Araria

          in connection with R.S. P.S. Case No. 16 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;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;
            Patna High Court CR. MISC. No.27839 of 2026(2) dt.29-04-2026
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                                   (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.

                                   9. Let a copy of the order be sent to the learned

                      Principal District and Sessions Judge, Araria for perusal and

                      needful.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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