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Patna High Court

Sawan Kumar @ Sawant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of any material seized from the petitioner’s possession and given procedural lapses, anticipatory bail may be granted notwithstanding Section 76(2) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Sawan Kumar, was implicated in an FIR for the alleged possession of 439.89 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based solely on the disclosure of a co‑accused. No liquor was recovered from his conscious possession and he was not apprehended at the scene. He applied for anticipatory bail, arguing that the prosecution’s case rests only on the co‑accused’s statement and that mandatory recovery procedures under Section 100 of the CrPC/Section 103 of the Bhartiya Nagarik Suraksha Sanhita were not complied with. The State opposed bail, invoking Section 76(2) of the Bihar Prohibition and Excise Act and citing the petitioner’s other pending cases. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar and noting the lack of material evidence, the court granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) CrPC/Section 482(2) B.N.S. and further compliance requirements.

Issues considered

  • Can anticipatory bail be granted when the only evidence against the accused is the testimony of a co‑accused?
  • Does Section 76(2) of the Bihar Prohibition and Excise Act bar the grant of pre‑arrest bail?
  • Do non‑compliance with mandatory recovery procedures under Section 100 CrPC/Section 103 B.N.S. affect the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • procedural lapse
  • co‑accused testimony
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28326 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- Vasudevpur District- Munger
                 ======================================================
                 Sawan Kumar @ Sawant Kumar S/o Sanjay Sah R/o Village - Shyampur, P.S
                 - Basudeopur, Distt.- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Saurabh, Advocate
                 For the Opposite Party/s :        Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                     Heard Mr. Shashi Saurabh, learned counsel for the

                   petitioner and Mrs. Dr. Indiwar Kumari, learned Additional

                   Public Prosecutor for the State appeared through the virtual

                   mode.

                                   2.    The petitioner is apprehending his arrest in

                   connection with Basudeopur P.S. Case No. 20/2026, F.I.R. dated

                   17.02.2026 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                   3. Recovery is of 439.89 liters of illicit foreign

                   liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R. as

                   well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.28326 of 2026(2) dt.23-04-2026
                                            2/4




          conscious possession of the petitioner and the petitioner was not

          apprehended at the spot. The name of the petitioner has been

          transpired on the basis of the disclosure made by the co-accused

          person, namely, Rahul Kumar and except the disclosure made

          by the co-accused person nothing has come during investigation

          in the present occurrence against the petitioner to suggest the

          involvement of the petitioner in the present occurrence. The co-

          accused persons, namely, Sourav Kumar and Vishal Kumar have

          been granted priviledge of anticipatory bail by this Hon’ble

          Court vide order dated 17.04.2026 passed in Cr. Misc. No.

          23075 of 2026 and 25000 of 2026 respectively. There is non-

          compliance with mandatory procedure prescribed for recovery

          under Section 100 of Cr.P.C / Section 103 of Bhartiya Nagarik

          Suraksha Sanhita. No case, whatsoever, would be made out

          against the petitioner under the Bihar Prohibition and Excise

          Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable. It is further submitted that

          the petitioner carries three more cases other than the present one
Patna High Court CR. MISC. No.28326 of 2026(2) dt.23-04-2026
                                            3/4




          but fairly submits that on the basis of paragraph-3 of the bail

          application, the petitioner is on bail in all the cases.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner, let the

          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge Excise II, Munger in connection with Basudeopur

          P.S. Case No. 20/2026, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure /

          Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

          with other following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be
             Patna High Court CR. MISC. No.28326 of 2026(2) dt.23-04-2026
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                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                       ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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