Patna High Court
Bikash Yadav @ Bikash 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 allegations do not constitute an offence and the accused do not own the vehicle, subject to prescribed conditions.
Summary
The petitioners, Bikash Yadav and Rahul Yadav, sought anticipatory bail after being implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 203.250 litres of liquor seized from a Tata Magic vehicle. They contended that the vehicle did not belong to them and that the names of the accused were given out of enmity. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in section 76(2) where no offence is made out, the court examined the merits. The court held that anticipatory bail could be granted, subject to a payment of Rs 7,500 each to the District Legal Services Authority and a set of strict conditions. Consequently, the petitioners were released on bail if arrested or surrendered within four weeks, with a bond of Rs 10,000 and two sureties, and were directed to comply with numerous attendance and conduct conditions.
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 petitioners’ alleged involvement can be established when they do not own the vehicle from which liquor was seized.
- Whether the condition of payment to the District Legal Services Authority is valid for granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30
- section 76
- excise law
- bail conditions
- legal services authority
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29519 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
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1. Bikash Yadav @ Bikash Kumar S/o Sagari Yadav R/o Village - Bhawanipur,
P.S. - Rangra, Dist. - Bhagalpur.
2. Rahul Yadav @ Rahul Kumar @ Kumar S/o Subhash Yadav R/o Village -
Latra, P.S. - Gopalpur, Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Prerna Anand, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Antichak P.S. Case No. 12 of 2026 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the informant alleged
that on secret information, the place was raided and Bharat
Mahto, Subhash Kumar and Manish Kumar were apprehended
and from Tata Magic vehicle there is recovery/seizure of
203.250 liters Indian made foreign liquor. This led to the FIR.
4. Learned counsel for the petitioners submit that the
Tata Magic do not belong to the two petitioners, admittedly,
Patna High Court CR. MISC. No.29519 of 2026(2) dt.06-05-2026
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three accused persons have been apprehended who out of
enmity gave the names. Further, the last submission is that
without accepting the allegation and/or the outcome of the
present case, the petitioner intends to contribute Rs. 7,500/- each
(totalling Rs. 15,000/-) to the District Legal Services Authority,
Bhagalpur for putting up flower pots in the Civil Court Campus
of Bhagalpur Judgeship through Demand Draft issued by the
local branch of the State Bank of India.
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
one of the petitioner has criminal antecedent and those
apprehended gave the names.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
Patna High Court CR. MISC. No.29519 of 2026(2) dt.06-05-2026
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also that the petitioners do not own the vehicle, in that
background, this Court is inclined to extend them the privilege
of anticipatory bail with conditions subject to payment of Rs.
7,500/- each (totalling Rs. 15,000/-) to the District Legal
Services Authority, Bhagalpur for putting up flower pots in the
Civil Court Campus of Bhagalpur 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, Bhagalpur.
8. Let the petitioners 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) each with two sureties of like amount each to the
satisfaction of learned Special Judge Excise-I, Bhagalpur in
connection with Antichak P.S. Case No. 12 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;
Patna High Court CR. MISC. No.29519 of 2026(2) dt.06-05-2026
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(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,
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.
9. A copy of the order be sent to the Principal District
and Sessions Judge, Bhagalpur for his/her perusal and needful.
(Rajiv Roy, J)
Adnan/-
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