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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is appropriate as the FIR does not establish a prima facie offence under Section 30(a) and the bar in Section 76(2) is inapplicable.

Summary

The petitioner, Ranjeet Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after police alleged that a damaged motorcycle he owned was used to transport 9 litres of foreign liquor. The petitioner contended that the motorcycle was abandoned after an accident and that the liquor recovery was falsely reported. The State opposed, citing a criminal antecedent and the statutory bar under Section 76(2) of the Act. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the Court held that anticipatory bail can be granted where the FIR does not disclose a cognizable offence despite the statutory bar. Consequently, the Court granted anticipatory bail subject to stringent conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2).
  • Whether the facts alleged in the FIR constitute an offence under Section 30(a) of the Act.
  • Whether the petitioner is entitled to protection from arrest pending trial.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 76(2)
  • Section 438(2) Cr.P.C.
  • false FIR
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34986 of 2026
                      Arising Out of PS. Case No.-18 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Ranjeet Kumar Son of Mahant Kewat Resident of Sevadaha PO -Bhakhri PS-
                 Dhanarua, Dist- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar, Adv.
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-05-2026                    1. Heard the parties through virtual mode.

                                2. The petitioner is apprehending arrest in connection

                   with Brahmpur P.S. Case No. 18 of 2026 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act.

                                3. As per the prosecution story, a damaged motorcycle

                   was found on the road and there is recovery/seizure of 9 liters of

                   foreign liquor, and the petitioner is the owner, which led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that after

                   the accident, the motorcycle was left behind and the petitioner

                   had gone in search of a mechanic, but in the meantime the

                   police falsely shown recovery of 9 liters of foreign liquor and

                   registered the FIR.
Patna High Court CR. MISC. No.34986 of 2026(2) dt.20-05-2026
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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 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. Sanjay Kumar Pandey opposes

          the prayer submitting that he has one 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, 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 Brahmpur P.S. Case

          No. 18 of 2026 to the satisfaction of learned Special Judge,

          Excise Court No. 2, Buxar subject to the conditions as laid
Patna High Court CR. MISC. No.34986 of 2026(2) dt.20-05-2026
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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.34986 of 2026(2) dt.20-05-2026
                                                       4/4




                     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/-
U      T


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