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Patna High Court

AMIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the allegations do not constitute an offence under the Act and the petitioner has no criminal antecedent.

Summary

Amit Kumar sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act after an FIR alleged seizure of 80 litres of country‑made liquor from a godown. He contended that the liquor was recovered from an open place, not from his possession, and that he has no criminal antecedent. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the petitioner argued for bail. The court, noting the lack of criminal antecedent and the cited precedent, granted anticipatory bail with a set of conditions, reserving the right to cancel the bail if facts change. The order directs the petitioner to furnish a bail bond and comply with attendance and conduct conditions.

Issues considered

  • Can anticipatory bail be granted in a case 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 against the petitioner?
  • Does the petitioner have any criminal antecedent that would preclude anticipatory bail?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31297 of 2026
                    Arising Out of PS. Case No.-88 Year-2026 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 AMIT KUMAR S/O UPENDRA SINGH R/o vill - Vasantpur, P.S.-
                 Akorigola, Distt.- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajeev Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Akorigola P.S. Case No. 88 of 2026 for the

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

                   Act.

                                3. As per the prosecution story, the informant alleged

                   that on secret information, the place was raided and from the

                   godown,       where        the    food    grains    are    kept,    there       is

                   recovery/seizure of 80 liters country made liquor. This led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that a

                   perusal of the FIR would show that it has been recovered from

                   an open place and not from his conscious possession and he do

                   not have criminal antecedent.
Patna High Court CR. MISC. No.31297 of 2026(2) dt.07-05-2026
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                       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 he do not have any criminal antecedent, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. 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.31297 of 2026(2) dt.07-05-2026
                                            3/4




          satisfaction of learned Exclusive Special Excise Court No. 1,

          Rohtas at Sasaram in connection with Akorigola P.S. Case No.

          88 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.31297 of 2026(2) dt.07-05-2026
                                                      4/4




                                 (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)
Adnan/-

U     T


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