Patna High Court
Sani Raj SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even where section 76(2) bars bail, provided the allegations do not constitute an offence and the petitioner is not in conscious possession and has no criminal antecedent.
Summary
The petitioner, Sani Raj Sah, sought anticipatory bail after an FIR was lodged under section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 38.970 litres of English wine from his vehicle, which he claimed was not in his conscious possession and had been given to a third party for family treatment. The prosecution argued that the petitioner owned the car and was therefore liable. The petitioner relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), which permits anticipatory bail in Excise cases despite the bar in section 76(2) if no offence is made out. The court, noting the lack of conscious possession, absence of criminal antecedent, and the cited precedent, granted anticipatory bail with specific conditions regarding sureties, appearance before police and court, and non‑interference with witnesses. The order directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with the stipulated conditions.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2) of the Act?
- Does the petitioner’s lack of conscious possession and clean criminal record justify the grant of anticipatory bail?
- Do the allegations in the FIR constitute an offence under section 30(a) of the Bihar Prohibition and Excise Act?
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)
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35390 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Sani Raj Sah S/o Hari Shankar Gupta Resident of Village - 185, Mubarakganj
Khirkighat Sasaram, P.S - Sasaram, District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Durgawati P.S. Case No. 64 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 27.02.2026 by the informant, Vijendra Ram.
3. As per the prosecution story, the Police during
patrolling a car was found in a accident state and there is
recovery/seizure of 38.970 liter English Wine. This led to the
FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession and
being the vehicle owner, it was given to one Manu Kumar for
treatment of his family member and in this way he got
Patna High Court CR. MISC. No.35390 of 2026(2) dt.21-05-2026
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implicated. Further submissions is that he has no 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 he is owner of the said car.
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 nor he
has 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/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
No.2, Kaimur at Bhabhua in connection with Durgawati P.S.
Case No. 64 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
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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)
vinayak/-
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