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Patna High Court

Manita KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Act, notwithstanding the bar under Section 76(2).

Summary

Manita Kumari, a housewife with no criminal record, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 80 litres of country-made liquor from a motorcycle she owned. The prosecution alleged the seizure during a patrol, but no liquor was found in her possession. Relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined whether the allegations constituted an offence. The court noted her lack of antecedents and the absence of seized liquor from her control. Consequently, the court granted anticipatory bail with specific conditions, ordering release on bail if arrested within four weeks.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
  • Does mere ownership of the vehicle implicated in the seizure make the petitioner liable under the Act?
  • Do the petitioner’s clean record and lack of possession of the alleged liquor justify granting anticipatory bail?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27849 of 2026
                      Arising Out of PS. Case No.-45 Year-2026 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Manita Kumari D/O- Subelal Yadav R/O- Nadwa Sukathiya, P.S.- Lahsuna,
                 Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ram Jiban Pd Singh, Advocate
                 For the State           :        Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-04-2026                      Heard the parties.

                                 2. The petitioner is apprehending her arrest in

                   connection with Parsa Bazar P.S. Case No. 45 of 2026 for the

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

                   Act lodged on 25.01.2026 by the informant, Raushan Kumar

                   Verma.

                                 3. As per the prosecution story, the informant alleged

                   that during patrolling duty intercepted a motorcycle and there is

                   recovery/seizure of 80 liter country made liquor. This led to the

                   FIR.

                                 4. Learned counsel for the petitioner submits that she

                   is a lady having no criminal antecedent, a house wife and only

                   because of ownership of the vehicle, got implicated, nothing

                   has been recovered from her conscious possession.
Patna High Court CR. MISC. No.27849 of 2026(2) dt.29-04-2026
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                       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

          she owns the motorcycle.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the fact that she do not have criminal antecedent, in

          that background, this Court is inclined to extend her 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 Special Judge Excise-2nd, Patna in

          connection with Parsa Bazar P.S. Case No. 45 of 2026 subject to
            Patna High Court CR. MISC. No.27849 of 2026(2) dt.29-04-2026
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                      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 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;

                                   (v) 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


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