Patna High Court
Shyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the alleged seizure did not amount to conscious possession and the precedent allows bail where no offence is made out despite Section 76(2).
Summary
Shyam Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. after being implicated in a case under the Bihar Prohibition and Excise Amendment Act (Sections 274, 275, 30(a)) for the alleged possession of 8.4 litres of foreign liquor seized near the Ashok Pillar. The petitioner argued that the liquor was not in his conscious possession and relied 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) if no offence is made out. The State opposed, citing the petitioner’s prior criminal antecedent. The court, considering the precedent and the circumstances of the seizure, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions regarding cooperation with investigation and conduct. The order directs the petitioner to appear before the Special Excise Judge and comply with attendance and non‑tampering requirements.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2).
- Whether the seizure of liquor near the Ashok Pillar constitutes conscious possession by the petitioner.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 274, 275, 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- excise law
- possession
- seizure of liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34968 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Shyam Kumar S/O Nandu Rai Resident of Village- Bharwa Toli, Lauriya, PS-
Lauriya, Distt-West Champaran, Bettiah, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None.
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 This case is being heard through virtual mode.
2. No one appears on behalf of the petitioner though
Mr. Jitendra Kumar, learned APP for the State is present.
3. The petitioner is apprehending arrest in connection
with Lauriya P.S. Case No. 154 of 2026 instituted under
Sections 274, 275, 30(a) of the Bihar Prohibition and Excise
Amendment Act lodged on 23.03.2026 by the informant, Amit
Kumar.
4. As per the prosecution story, the Police raided the
place and there is recovery/seizure of 8.4 liters of foreign liquor.
This led to the FIR.
5. The contention in the anticipatory bail application
is that the recovery/seizure is near the Ashok Pillar which
cannot be considered under his conscious possession.
Patna High Court CR. MISC. No.34968 of 2026(2) dt.20-05-2026
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6. 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.
7. Learned APP opposes the prayer submitting that the
petitioner has one criminal antecedent.
8. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the place of recovery, 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 Lauriya P.S. Case No.
154 of 2026 to the satisfaction of learned Exclusive Special
Judge, Excise Court No.II, Bettiah, West Champaran subject to
Patna High Court CR. MISC. No.34968 of 2026(2) dt.20-05-2026
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the conditions as laid 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.34968 of 2026(2) dt.20-05-2026
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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)
Ravi/S.Prasad
U T
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