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Patna High Court

Rijay Kumar Sah @ Raju Sah @ Raju Kumar Sah @ Rijay SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to strict conditions.

Summary

Rijay Kumar Sah sought anticipatory bail fearing arrest in a case (Palasi P.S. Case No. 409 of 2025) filed under sections of the Bihar Narcotic and Smuggling Act and the Bihar Prohibition and Excise Act, 2022 for alleged possession of 8.7 litres of Nepali liquor. The petitioner argued that the seized motorcycle was taken by a chowkidar and that no contraband was found in his conscious possession, invoking a prior Patna High Court decision allowing anticipatory bail despite the bar under Section 76(2) of the Excise Act. The State opposed, citing the petitioner's criminal antecedents. Relying on the earlier judgment and the lack of material evidence, the court granted anticipatory bail with a Rs.10,000 bond and multiple conditions, including regular police appearances and non‑interference with witnesses. The order directs the petitioner to surrender within four weeks and comply with the stipulated 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 petitioner’s alleged involvement and lack of possession of the seized liquor justify denial of bail.
  • Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • seizure of liquor
  • bail conditions
  • Section 76(2) bar
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29547 of 2026
                         Arising Out of PS. Case No.-409 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Rijay Kumar Sah @ Raju Sah @ Raju Kumar Sah @ Rijay Sah Son of Natthu
                 Sah @ Naththu sah R/o Village - Balua Kaliyaganj, Ward No. 05, Baniya
                 Tola, P.S.- Palasi, District - Araria, State - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Kanchan Jha, Advocate
                 For the Opposite Party/s :        Mr.Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                  Heard Mrs. Kanchan Jha, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Palasi P.S. Case No. 409 of 2025 instituted under Sections

                   126(2), 115(2), 132, 352 of BNS and 30(a), 45 of the Bihar

                   Prohibition and Excise Act, 2022 lodged on 12.10.2025 by the

                   informant, Amit Raj.

                                3. As per the prosecution story, the police upon secret

                   information,        intercepted        a    motorcycle         and      there     is

                   recovery/seizure of 8.7 liters of Nepali liquor. This led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that the

                   motorcycle was taken away by the ‘Chowkidar’ and in turn,
Patna High Court CR. MISC. No.29547 of 2026(2) dt.07-05-2026
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          now he stands implicated. Further, repeatedly without any

          reason, he has been named which reflects from para-03.

          Submission is that if this time, relief is granted and any fresh

          FIR lodged against him, the relief extended be withdrawn.

                       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

          petitioner has 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 his conscious

          possession, an undertaking has been given as recorded above,

          in that background, this Court is inclined to extend him the

          privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event
Patna High Court CR. MISC. No.29547 of 2026(2) dt.07-05-2026
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          of his arrest or surrender before the concerned court 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

          the like amount each in connection with Palasi P.S. Case No.

          409 of 2025           to the satisfaction of learned District and

          Additional Sessions Judge cum Exclusive Special Excise Judge,

          Excise-II, Araria subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) 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 day for one month and later every month

          for next one year to mark his attendance and at the end of the
             Patna High Court CR. MISC. No.29547 of 2026(2) dt.07-05-2026
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                       period a certificate be submitted before the Trial Court failing

                       which the State shall be at liberty to take steps for cancellation

                       of 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.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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