Patna High Court
Kiran Das @ Firan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Kiran Das, applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging seizure of 550 grams of bhang from his shop. He contended that the seized material was not in his conscious possession and that he has no prior criminal record. The State opposed, asserting that the seizure was from his shop and that the provisions of Section 76(2) of the Act bar anticipatory bail. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the Court held that anticipatory bail can be granted if the FIR does not disclose a cognizable offence. Considering the lack of antecedent and the cited precedent, the Court granted anticipatory bail with a set of strict conditions, including bond, sureties, regular appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the petitioner was in conscious possession of the seized bhang.
- Whether the petitioner’s lack of criminal antecedent warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35024 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- KHAJAULI District- Madhubani
======================================================
Kiran Das @ Firan Das son of Late Janak Das Resident of village- Sukki P.S-
Khajauli District -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Khajauli P.S. Case No. 49 of 2026 registered
for the offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 01.03.2026 by the informant, Ghanshyam
Paswan.
3. As per the prosecution story, the Police during the
‘Holi’ Day on information raided the different shops of the
accused persons and so far as this petitioner is concerned there
is allegation of recovery/seizure of 550 gram ‘Bhang’. This led
to the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35024 of 2026(2) dt.20-05-2026
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recovery/seizure is from the shop and not from his conscious
possession and he do 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
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. Jitendra Kumar Singh, opposes
the prayer submitting that the recovery/seizure is from his shop.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that as also that the petitioner do not have criminal
antecedent, 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
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satisfaction of learned Exclusive Special Judge, Excise,
Madhubani in connection with Khajauli P.S. Case No. 49 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 six months 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;
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(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/-
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