Patna High Court
Chandrajeet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act notwithstanding the bar of Section 76(2) where the allegations in the FIR do not constitute an offence and the petitioner is not found in possession of the seized liquor.
Summary
The petitioner, Chandrajeet Singh, sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act after police seized 16.5 litres of Nepali liquor from a motorcycle. He contended that he was merely the owner and that the liquor had been handed over to Subham Singh, who was arrested with the contraband, and that no liquor was found in his possession. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, the petitioner argued that anticipatory bail could be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The State opposed the bail on the ground of the petitioner’s criminal antecedents. The court, after considering the precedent and the fact that the seized liquor was not found on the petitioner, granted anticipatory bail with a set of stringent conditions.
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).
- Whether the petitioner can be held liable when the seized liquor was found in the possession of another individual.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35067 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
Chandrajeet Singh son of Hira Singh Resident of Village- Bhawanipur, Police
Station- Bheja, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, 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 Madhepur P.S. Case No. 214 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police, on secret
information, intercepted a motorcycle and from it, 16.500 liters of
Nepali foreign liquor recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that he
being the owner, got implicated, and actually, it was handed over
to Subham Singh who has been arrested with the liquor.
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
Patna High Court CR. MISC. No.35067 of 2026(2) dt.20-05-2026
2/3
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 opposes the prayer submitting that he
has 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 Subham Singh has been arrested with the recovered item
and 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 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
satisfaction of concerned Court in connection with Madhepur P.S.
Case No. 214 of 2025 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
Patna High Court CR. MISC. No.35067 of 2026(2) dt.20-05-2026
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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;
(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)
Adnan/-
U T
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