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Patna High Court

MANISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted under the Bihar Prohibition and Excise Act despite Section 76(2) when the allegations do not amount to an offence, and the petitioner’s lack of ownership and clean record justify such relief.

Summary

Manish Kumar sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, where 21.60 litres of foreign liquor were seized after a police encounter. The prosecution alleged that the petitioner was named by a co‑accused, Ranbir Kumar, who was forced to implicate him. The petitioner contended he owned neither the motorcycles involved nor the seized liquor and that his name was obtained under duress. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court examined whether bail could be granted despite the bar in Section 76(2) of the Act. The court concluded that, since no offence could be established against the petitioner and he had no criminal antecedents, anticipatory bail should be granted with strict conditions. Accordingly, the petitioner was ordered to be released on bail if arrested within four weeks, subject to a bond and several compliance conditions.

Issues considered

  • Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the allegations do not constitute an offence?
  • Is the petitioner liable for the offence under section 30(a) given his denial of ownership and claim of coercion in naming him?
  • Are the conditions imposed for anticipatory bail appropriate and lawful?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • seizure of liquor
  • false implication
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29591 of 2026
                        Arising Out of PS. Case No.-33 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
                 MANISH KUMAR S/o Lakshman Tato @ Lakshman Prasad @ Mukhiya R/o
                 vill - Kharvaniya, P.S.- Sikraul, Distt.- Buxar



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Arun Kumar Gupta, Advocate
                 For the State           :        Mrs. Rina Sinha, 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 Sikraul P.S. Case No. 33 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 09.03.2026 by the informant, Ramesh Paswan.

                                 3. As per the prosecution story, the informant alleged

                   that when the Police tried to intercept two motorcycles, one met

                   with accident. As the accused wanted to escape, one of them

                   Ranbir Kumar was arrested and he gave the names which

                   included this petitioner. On search, 21.60 liter foreign liquor

                   recovered/seized. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29591 of 2026(2) dt.06-05-2026
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          neither he owns the two motorcycles nor anything recovered

          from his conscious possession but Ranbir Kumar was forced by

          the Police to name him.

                       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.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner do not own the vehicle nor he has

          criminal antecedent, in that background, this Court is inclined to

          extend him the privilege of anticipatory bail with conditions.

                       8. Let the petitioner 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) with two sureties of like amount each to the
Patna High Court CR. MISC. No.29591 of 2026(2) dt.06-05-2026
                                            3/4




          satisfaction of learned Exclusive Special Excise Court No.2,

          Buxar in connection with Sikraul P.S. Case No. 33 of 2026

          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,

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

          cancellation of the bail bonds;
            Patna High Court CR. MISC. No.29591 of 2026(2) dt.06-05-2026
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                                   (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)
vinayak/-

U      T


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