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Patna High Court

Sikandar Kumar @ Sikander KumarversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted where the alleged seizure is not from the petitioner's conscious possession and no offence is made out under the Act, notwithstanding the bar in Section 76(2).

Summary

The petitioner, Sikandar Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 104.025 litres of foreign liquor from a house shared with another person. He argued that nothing was recovered from his conscious possession and relied 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 State opposed the bail on the ground of the petitioner's criminal antecedents. The High Court, considering the lack of direct possession and the cited precedent, granted anticipatory bail with a set of conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with the stipulated 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)?
  • Does the absence of recovery from the petitioner's conscious possession justify granting anticipatory bail?
  • Do the petitioner's prior criminal antecedents preclude the grant of anticipatory bail?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34570 of 2026
                  Arising Out of PS. Case No.-136 Year-2026 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Sikandar Kumar @ Sikander Kumar Son of Jogendra Prasad @ Jogendara
                 Prasad @ Yogendra Prasad Resident of village- Saidpur, Police Station-
                 Makhdumpur (Tehta), District- Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Sanjiv Kumar Pathak, Advocate
                 For the State           :       Mr. Chandra Bhushan Prasad, 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 Makhdumpur(Tehta) P.S. Case No. 136 of 2026

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

                   Excise Act lodged on 15.02.2026 by the informant, Poonam

                   Chaudhary.

                                 3. As per the prosecution story, the informant alleged

                   that on secret information raided the house of the petitioner and

                   there is recovery/seizure of 104.025 liters foreign liquor . This

                   led to the FIR.

                                 4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession rather

                   from a common house and further allegation has also been made
Patna High Court CR. MISC. No.34570 of 2026(2) dt.19-05-2026
                                            2/4




          against one Gudiya Devi.

                       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 he

          has 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 nothing has been recovered from his conscious

          possession rather from a common house, 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
Patna High Court CR. MISC. No.34570 of 2026(2) dt.19-05-2026
                                            3/4




          satisfaction of learned Special Excise Judge-I, Jehanabad in

          connection with Makhdumpur(Tehta) P.S. Case No. 136 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 next one year 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.34570 of 2026(2) dt.19-05-2026
                                                       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)
Vinayak/Anjali

U      T


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