Patna High Court
Rijay Kumar Sah @ Raju Sah @ Raju Kumar Sah @ Rijay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Narcotic and Smuggling Act — s. 115(2), 126(2), 132, 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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,
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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
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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
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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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