Patna High Court
Bunty KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted in offences under the Bihar Prohibition and Excise Act where the petitioner does not own the vehicle involved and has no criminal antecedent, notwithstanding the bar under Section 76(2).
Summary
The petitioner, Bunty Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 70 litres of illicit liquor from a tempo. He contended that he no longer owned the vehicle involved, having sold it in 2018, and that he had no criminal antecedent. The State opposed, asserting ownership of the vehicle. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the Court granted anticipatory bail with stringent conditions, including bond, sureties, regular appearances, and non‑interference with witnesses. The order remains subject to revocation if the petitioner is found to have a criminal record.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act notwithstanding the bar in Section 76(2).
- Whether the petitioner’s lack of ownership of the vehicle used in the alleged offence disqualifies him from arrest.
- Whether the petitioner’s clean criminal record influences the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29504 of 2026
Arising Out of PS. Case No.-230 Year-2024 Thana- SOHSARAI District- Nalanda
======================================================
Bunty Kumar S/O Anuj Prasad Resident of 86 Shanpur, Post office- Gopalpur,
Police Station-Manoharpur Kachhuara, District-Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aklavya Chandan Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Sohsarai P.S. Case No. 230 of 2024 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 20.09.2024 by the informant, Md. Aslam.
3. As per the prosecution story, the Police intercepted
a ‘tempo’ and there is recovery/seizure of 70 liters of country
made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
though earlier he used to own the vehicle, it was subsequently
sold to Pramod Kumar in the year 2018 who sold it to Santosh
Kumar in the year 2021 and at present, Santosh Kumar is the
owner of the vehicle and he do not have any criminal
antecedent.
Patna High Court CR. MISC. No.29504 of 2026(2) dt.06-05-2026
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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 the
vehicle belongs to him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the vehicle does not belongs to him and he do not have
any criminal antecedent, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner 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.29504 of 2026(2) dt.06-05-2026
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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 Court of Special Judge Excise-II,
Nalanda at Bihar Sharif in connection with Sohsarai P.S. Case
No. 230 of 2024 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;
(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,
Patna High Court CR. MISC. No.29504 of 2026(2) dt.06-05-2026
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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.
(Rajiv Roy, J)
Adnan/-
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