Patna High Court
Bablu Kumar @ Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Bablu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the seizure of 87 litres of country‑made liquor from a motorcycle. He contended that the seized motorcycle belonged to another person, Ashish Kumar, and that he had no involvement in the alleged offence. The State opposed the bail, citing the petitioner’s criminal antecedent and a claim by a chowkidar identifying him. 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) when no offence is made out, the Court granted anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with attendance, non‑tampering, and conduct requirements for four weeks from the order.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the alleged seizure is from a vehicle not owned by the petitioner.
- Whether the petitioner can be held liable for the offence under Section 30(a) of the Act given his claim of non‑ownership of the seized motorcycle.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31319 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- RAJAOLI District- Nawada
======================================================
Bablu Kumar @ Bablu Yadav S/O Krishna Yadav R/O Village- Barba, P.S.-
Rajauli, Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate
For the State : Mr. Manoj Kumar, 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 Rajauli P.S. Case No. 115 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 02.03.2026 by the informant, Jai Prakash
Chaudhary.
3. As per the prosecution story, the informant alleged
that on secret information, the motorcycles were intercepted.
While one motorcycle rider managed to escape, from the other
motorcycle, there is recovery/seizure of 87 liter country made
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the
said motorcycle belongs to Ashish Kumar, neither he nor the
Patna High Court CR. MISC. No.31319 of 2026(2) dt.07-05-2026
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motorcycle was there on the spot but got implicated, only
because he has criminal antecedent.
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 and the Chowkidar named
him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the recovery/seizure is from the other motorcycle
which is not of this petitioner, 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
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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 Exclusive Special Court, Excise-2,
Nawada in connection with Rajauli P.S. Case No. 115 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,
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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)
vinayak/-
U T
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