Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under Section 30(a) is made out and the bar under Section 76(2) does not apply.
Summary
Manoj Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after 40.8 litres of foreign liquor were seized from a rented room he occupied. The prosecution alleged the liquor was recovered from his premises, but the petitioner argued that nothing was found in his conscious possession and the room was merely rented. Relying on the Patna High Court 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 established, the court examined the facts. The court concluded that the allegations did not constitute an offence under the cited provision and therefore granted anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond and comply with attendance, non‑tampering, and conduct requirements.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the seizure of liquor from a rented room amount to an offence under Section 30(a) when the accused has no conscious possession?
- Does a prior criminal antecedent of a similar nature preclude 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)
- conscious possession
- seizure of liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34544 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Manoj Kumar S/O Dinesh Mandal Resident of Village - Mahadeo Nagar,
Pacham, P.S. - Kiul, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 103C2/2026 for the
offence under sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution story, the informant, on
secret information, raided the house of one Suman Kumar as
also raided the rented room of this petitioner, from which,
40.800 liters of foreign liquor recovered/seized. This led to the
FIR.
4. Learned counsel for the petitioner submits that
though rented, it was an open room and nothing has been
recovered from his conscious possession and only because he
Patna High Court CR. MISC. No.34544 of 2026(2) dt.19-05-2026
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has one criminal antecedent of the same nature, implicated.
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 recovery is from his rented room.
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, 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 District and Additional Sessions Judge
Patna High Court CR. MISC. No.34544 of 2026(2) dt.19-05-2026
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VII-cum- Exclusive Special Excise Court II, Lakhisarai in
connection with Excise P.S. Case No. 103C 2/2026 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;
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(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/-
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