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Patna High Court

Vishal @ Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as no offence under Section 30(a) was made out and the petitioner had no possession, notwithstanding the bar under Section 76(2).

Summary

The petitioner, Vishal Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after an FIR was lodged for the alleged seizure of 18,100 litres of country-made liquor. He contended that no liquor was found in his possession, he had no prior criminal record, and the accusation stemmed from local enmity. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) when no offence is established, the court examined the merits. The State opposed, citing the raid based on secret information. The court, noting the absence of any seizure from the petitioner and the precedent, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and other safeguards.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out?
  • Does the lack of seizure from the petitioner’s possession and absence of criminal antecedent justify granting anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • Section 438
  • seizure of liquor
  • criminal antecedent
  • enquiry

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31256 of 2026
                       Arising Out of PS. Case No.-120 Year-2026 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Vishal @ Vishal Kumar Son of Kameshwar Paswan Resident Of Village Nad,
                 P.S.- Karakat, District- Rohtas (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarfraz Ahmad, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Karakat         P.S. Case No. 120 of 2026 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Act lodged on

                   13.03.2026 by the informant, Shyam Kishore.

                                3. As per the prosecution story, the informant alleged

                   that on secret information about movement of liquor, the place

                   was raided and there is recovery/seizure of 18.100 liters of

                   country made liquor from the field. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession nor

                   he has criminal antecedent, only due to enmity, the locals have

                   named him.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.31256 of 2026(2) dt.07-05-2026
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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, Mr. Bharat Bhushan opposes the

          prayer submitting that on secret information about the liquor, the

          place was raided.

                       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 or from the house, 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

          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 Karakat P.S. Case No.

          120 of 2026 to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.31256 of 2026(2) dt.07-05-2026
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          Judge, Excise Court No.I, Rohtas at Sasaram 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 fortnight

          for next six months to mark his attendance and at the end of the

          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,
             Patna High Court CR. MISC. No.31256 of 2026(2) dt.07-05-2026
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                       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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