Patna High Court
Ram Pravesh Yadav @ Ram Pravesh Sah @ Ram Pravesh GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail is appropriate and granted it with conditions.
Summary
Ram Pravesh Yadav sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 272 litres of illicit liquor. The prosecution claimed the liquor was recovered from a sack at an open place and identified the petitioner as the person who escaped. The petitioner argued that the seizure was from an open area, he had no conscious possession, and his only link was a prior criminal antecedent; he also offered to contribute Rs 5,000 to the District Legal Services Authority. Relying on the Patna High Court’s Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court granted anticipatory bail with several conditions, including payment to the DLSA and a bail bond of Rs 10,000 with sureties. The order directed the petitioner to cooperate with the investigation 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 facts of recovery from an open place and lack of conscious possession negate the offence under Section 30(a).
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of illicit liquor
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27876 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
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Ram Pravesh Yadav @ Ram Pravesh Sah @ Ram Pravesh Gond S/o Hareshar
Sah Resident of Village - Bharatiya Baluan Sagar, P.S -Vishambharpur,
District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kuchaikote P.S. Case No. 101 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act lodged on 27.02.2026 by the informant, Manish Kumar
Singh.
3. As per the prosecution story, the Police, on secret
information, reached the place and though the accused managed
to escape, from the sack, there is recovery/seizure of 272 liters
of country-made liquor. The chowkidar identified the person
who escaped, petitioner included. This led to the FIR.
4. Learned counsel for the petitioner submits that
admittedly, recovery/seizure is from an open place and not from
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his conscious possession and only because of criminal
antecedent got implicated. The last submission is that without
accepting the allegation and/or the outcome of the present case,
the petitioner intends to contribute Rs. 5,000/- to the District
Legal Services Authority, Gopalganj for putting up flower pots
in the Civil Court Campus of Gopalganj Judgeship through
Demand Draft issued by the local branch of the State Bank of
India.
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
has one criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that recovery is from an open place and not from his
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conscious possession, in that background, this Court is inclined
to extend him the privilege of anticipatory bail with conditions
subject to payment of Rs. 5,000/- to the District Legal Services
Authority, Gopalganj for putting up flower pots in the Civil
Court Campus of Gopalganj Judgeship through Demand Draft
issued by the local branch of the State Bank of India and the
receipt of the expenditure shall be submitted to the trial Court
by the DLSA, Gopalganj.
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 Additional District and Session Judge IV
cum Exclusive special Judge Excise Court II, Gopalganj in
connection with Kuchaikote P.S. Case No. 101 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;
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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. A copy of the order be sent to the Principal District
and Sessions Judge, Gopalganj for his/her perusal and needful.
(Rajiv Roy, J)
Adnan/-
U T
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