Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the FIR does not establish an offence under section 30(a) and the bar under section 76(2) is inapplicable.
Summary
Rahul Kumar, a student with no criminal record, was named in an FIR for alleged possession of 48.75 litres of foreign liquor under section 30(a) of the Bihar Prohibition and Excise Act. He claimed the accusation arose from local enmity and that the FIR did not establish a prima facie offence. The State opposed his anticipatory bail, relying on the naming of the petitioner. The Court, referring to the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in section 76(2) if the FIR does not make out an offence. Considering the petitioner’s clean antecedent and student status, the Court granted anticipatory bail with stringent conditions.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar under section 76(2)?
- Do the allegations in the FIR constitute an offence under section 30(a) of the Act?
- Do the petitioner’s lack of criminal antecedent and student status justify 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
- section 30(a)
- section 76(2)
- bail conditions
- student petitioner
- local enmity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30480 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- Excise P.S. District- Samastipur
======================================================
Rahul Kumar Son of Ramvinod Ray @ Vinod Ray Resident of Village-
Lahagir @ Lohagir) Ward No. 15, P.S.- Ujiyarpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard Ms. Nili Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Sadar Excise P.S. Case No. 40 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on
information, reached the place and near the bridge, there is
recovery/seizure of 48.750 liter foreign liquor. The locals gave the
name, petitioner included. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has no criminal antecedent, a student, due to local enmity, people
gave the name, got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.30480 of 2026(2) dt.13-05-2026
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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 he
has been named by the persons present there.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that petitioner is a student having no 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 satisfaction
of learned Special Judge Excise-II, Samastipur in connection with
Sadar Excise P.S. Case No. 40 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
Patna High Court CR. MISC. No.30480 of 2026(2) dt.13-05-2026
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document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating 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;
(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)
Vijay Singh/-
Sanny Patel
U
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