Patna High Court
Shaligram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner, notwithstanding Section 76(2).
Summary
Shaligram Kumar sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act for the seizure of 75 litres of country-made liquor from a motorcycle. He contended that he neither owned nor drove the vehicle and that the allegation arose from personal enmity, emphasizing his clean criminal record. The State opposed the bail, invoking the statutory bar under Section 76(2) of the Act. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), the Court held that anticipatory bail can be granted where the FIR does not disclose a cognizable offence against the applicant. Consequently, the Court granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directs that the bail be effected within four weeks of the order.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2)?
- Is the petitioner likely to be implicated in the alleged offence given he is not the owner or driver of the seized vehicle?
- Are the conditions imposed by the Court appropriate to ensure the petitioner’s cooperation with the investigation?
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
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35396 of 2026
Arising Out of PS. Case No.-118 Year-2026 Thana- RAJAOLI District- Nawada
======================================================
Shaligram Kumar S/O Late Ganauri Rajvanshi Resident of Bhaur Hardiya,
Police Station- Rajauli, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kshem Sharma, Advocate
: Mr. Dr. Manoj Kumar, Advocate
For the State : Mrs. Renuka Ratanakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard Mrs. Kshem Sharma, learned counsel for
the petitioner and learned APP representing the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Rajauli P.S. Case No. 118 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 03.03.2026 by the informant, Pawan
Kumar.
3. As per the prosecution story, the Police intercepted
a motorcycle and recovered/seized 75 liter country made
liquor and the name of the petitioner cropped up. This led to
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the FIR.
4. Learned counsel for the petitioner submits that
neither he is the owner nor the driver of the said motorcycle,
only due to enmity his name has dragged in the case, further 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 opposes the prayer.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not own the vehicle nor 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
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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 learned Exclusive Special Court-II, Nawada in
connection with Rajauli P.S. Case No. 118 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,
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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)
vinayak/-
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