Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence was made out against the petitioners and the seized liquor was not in their conscious possession.
Summary
Santosh Yadav and Kaushal Kumar applied for anticipatory bail after a police seizure of country-made liquor and beer from an open wheat field in Rajauli, Nawada, under sections 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the petitioners escaped from the scene, but the recovery was not from their conscious possession and the chowkidar identified them only due to prior criminal records. The petitioners argued, relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, that anticipatory bail is permissible despite the bar in Section 76(2) when no offence is established. The court accepted this reasoning, noting the lack of direct possession and the precedent, and granted anticipatory bail with specific conditions. The order directed the petitioners to furnish bail bonds and comply with attendance and conduct requirements, failing which bail could be cancelled.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when no offence is made out?
- Does recovery of liquor from an open place, without conscious possession, justify granting anticipatory bail to the accused?
- Do prior criminal antecedents preclude the grant of anticipatory bail?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- criminal antecedent
- seizure of liquor
- open field recovery
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27877 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- RAJAOLI District- Nawada
======================================================
1. Santosh Yadav Son of Late Sheo Balak Yadav Resident of Village- Jogni,
P.S.- Rajauli, District- Nawada
2. Kaushal Kumar Son of Munna Yadav Resident of Village- Jogni, P.S.-
Rajauli, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Rajaoli P.S. Case No. 116 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 02.03.2026 by the informant, Sachin Kumar.
3. As per the prosecution story, the Police, on secret
information, reached the place and though the accused managed
to escape, from the wheat field, there is recovery/seizure of 31.5
liters country-made liquor and 18 liters of beer. The chowkidar
identified the person who escaped, petitioners included. This led
to the FIR.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.27877 of 2026(2) dt.29-04-2026
2/4
recovery is from an open place and nothing has been recovered
from their conscious possession. The chowkidar has named
them only because they have criminal antecedent.
5. Further, learned counsel for the petitioners 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
both the petitioners have 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 nothing has been recovered from their conscious
possession and the recovery is from an open place, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.27877 of 2026(2) dt.29-04-2026
3/4
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 Excise Judge-II,
Nawada in connection with Rajaoli P.S. Case No. 116 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 petitioners shall appear before the concerned
police station every fortnight for six months to mark their
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 petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.27877 of 2026(2) dt.29-04-2026
4/4
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…