Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail could be granted as the FIR did not establish a prima facie case under the Act and the petitioner had no possession of the contraband.
Summary
Vivek Kumar applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 82 litres of Nepali Saufi wine. The prosecution alleged that the vehicle was intercepted during a police raid, but the petitioner claimed ownership of the vehicle and no criminal antecedent. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar under Section 76(2) when the FIR does not establish an offence, the court examined the merits. The court found no material recovered from the petitioner’s possession and was persuaded by the arguments. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions under Section 438(2) of the Cr.P.C. The order directs the petitioner to cooperate with investigations and comply with attendance requirements.
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 facts alleged in the FIR constitute an offence under Section 30(a) of the Bihar Prohibition and Excise Act sufficient to deny anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- Section 438 CrPC
- excise offence
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34602 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Vivek Kumar S/o Nathuni Singh Resident of village- Chainpur Kapraul
Siroman,P.S.- Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, 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 Riga P.S. Case No. 422 of 2025 instituted under Sections
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, on 01.11.2025, during
patrolling duty, the police party, acting on secret information,
reached Bhavdepur Darbar orchard and intercepted a Toto
vehicle bearing registration no. BR-30ER-4611, from which 82
liters of Nepali Saufi wine was allegedly recovered. It is further
alleged that one accused person was apprehended at the spot
whereas another succeeded in fleeing away. This led to the FIR.
4. Learned counsel for the petitioner submits that he
has no criminal antecedent and that the petitioner is the owner
of the vehicle.
Patna High Court CR. MISC. No.34602 of 2026(2) dt.19-05-2026
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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, Mr. Choubey Jawahar opposes the
prayer for anticipatory bail.
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 Riga P.S. Case
No. 422 of 2025 to the satisfaction of learned Exclusive Special
Excise Court No. I, Sitamarhi subject to the conditions as laid
Patna High Court CR. MISC. No.34602 of 2026(2) dt.19-05-2026
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down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(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
Patna High Court CR. MISC. No.34602 of 2026(2) dt.19-05-2026
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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)
Nirmal/-
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