Patna High Court
Binod Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the FIR did not disclose a cognizable offence against the petitioner and the bar under Section 76(2) was not applicable.
Summary
The petitioner, Binod Kumar Singh, sought anticipatory bail after being implicated in an excise case where 513 litres of foreign liquor were seized from a pick‑up van he owned. The prosecution alleged his involvement under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, but the petitioner argued he was merely the vehicle owner and had no criminal antecedents or possession of the liquor. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence, the court examined the lack of any seized material from the petitioner’s conscious possession. The court concluded that the allegations did not establish a prima facie case against him and therefore extended anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and several compliance requirements under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) of the Act.
- Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, constitutes sufficient ground for arrest.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47, 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 76(2) bar
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34599 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Binod Kumar Singh S/o Late Sadanand Singh R/o Village - Telghi, P.S.-
Kharik, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s : Mr. Akbar Ali, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 19-05-2026 1. Heard the parties through virtual mode.
2. The petitioner is apprehending arrest in connection
with Excise (Sadar) P.S. Case No. 126 of 2026 instituted under
Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the police alleged that,
on secret information, a pick-up van was intercepted and 513
liters of foreign liquor were recovered/seized, which led to the
FIR.
4. Learned counsel for the petitioner submits that the
vehicle was driven by the driver and only because he owns the
vehicle, he got implicated. Further, he does not have criminal
antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
Patna High Court CR. MISC. No.34599 of 2026(2) dt.19-05-2026
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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 our 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, Mr. Akbar Ali opposes the prayer
submitting that he owns the vehicle.
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 of the petitioner, in that background this Court is
inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Excise (Sadar) P.S.
Case No. 126 of 2026 to the satisfaction of learned Additional
Sessions Judge-IX, Bhagalpur subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
Patna High Court CR. MISC. No.34599 of 2026(2) dt.19-05-2026
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(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) 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 day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of 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;
(vi) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.34599 of 2026(2) dt.19-05-2026
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Nirmal/-
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