Patna High Court
Madan Rai @ Madan Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the allegations do not amount to an offence under the Act despite the statutory bar in Section 76(2).
Summary
Madan Rai and Guddu Rai applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 19.44 litres of country‑made liquor had been seized. They contended that nothing was recovered from their conscious possession and that they were being implicated due to village politics. The State, represented by APP Dr. Kumar Uday Pratap, opposed the bail on the ground of a prior criminal antecedent. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the Court held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. Accordingly, the Court granted anticipatory bail with a bond of Rs 10,000 and a series of conditions regarding appearance before police and courts, non‑tampering with evidence, and abstaining from further offences.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act notwithstanding the bar in Section 76(2).
- Whether the facts alleged in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioners' claim of lack of conscious possession justifies 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)
- political victimisation
- conscious possession
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34535 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- KHAIRA District- Saran
======================================================
1. Madan Rai @ Madan Kumar Ray S/O Munna Lal Rai @ Munnilal Ray
Resident of Vill.- Dumari, P.S.- Khaira, Dist.- Saran.
2. Guddu Rai @ Guddu Kumar Ray S/O Sheo Kumar Rai Resident of Vill.-
Dumari, P.S.- Khaira, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 No one appears on behalf of the petitioner though the
State is appearing through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Khaira P.S. Case No. 76 of 2026 for the offence
under section 30(a) of the Bihar Prohibition and Excise Act lodged
on 04.03.2026 by the informant, Deendayal Rai.
3. As per the prosecution story, the Police on
information raided the place and 19.44 liters country made liquor
recovered. This led to the FIR.
4. As per the petition, nothing has been recovered from
his conscious possession and due to village politics, implicated.
5. Further, this Court has also 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
Patna High Court CR. MISC. No.34535 of 2026(2) dt.19-05-2026
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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 one criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that recovery is not from his conscious possession, in that
background, this Court is inclined to extend them the privilege of
anticipatory bail with conditions.
8. Let the petitioners 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) each with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Judge, Saran at
Chapra in connection with Khaira P.S. Case No. 76 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Patna High Court CR. MISC. No.34535 of 2026(2) dt.19-05-2026
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Station as and when required for cooperating in the investigation;
(iii) the petitioners 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 petitioners shall appear before the concerned
police station every fortnight for six months to mark their
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 petitioners 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 petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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