Patna High Court
Sitaram Pasi @ Sitaram ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Sitaram Pasi, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act in connection with a seizure of 90 litres of country-made liquor from an open field. The prosecution alleged the seizure was based on secret information and linked the petitioner to the offence due to his criminal antecedent. The petitioner contended that the liquor was not in his conscious possession and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out. The court examined the facts, the cited precedent, and the nature of the seizure, concluding that the petitioner did not have possession of the liquor. Accordingly, the court granted anticipatory bail subject to stringent conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses. The order directs the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with the stipulated 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 seizure of liquor from an open place, without conscious possession, constitutes an offence under Section 30(a).
- Whether the petitioner is entitled to anticipatory bail given his criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure
- conscious possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35424 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- SANJHOLI District- Rohtas
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Sitaram Pasi @ Sitaram Manjhi S/o Saryu Pasi @ Sarju Pasi R/o Chawariya,
P.S.- Sanjhauli, Distt.- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
Mrs. Jyoti Prasad, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties though virtual mode.
2. The petitioner is apprehending his arrest in
connection with Sanjhauli P.S. Case No. 47 of 2026 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, raided the place and in the polythene bag, near the
bushy field, 90 liters of country made liquor recovered/seized.
This led to the FIR.
4. Learned counsel for the petitioner submits that
recovery/seizure is from an open place and not from the
conscious possession and only because of criminal antecedent,
the name has come.
Patna High Court CR. MISC. No.35424 of 2026(2) dt.21-05-2026
2/4
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 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 recovery/seizure is from an open place and not from
the conscious possession, 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 learned Exclusive Special Judge Excise-II,
Patna High Court CR. MISC. No.35424 of 2026(2) dt.21-05-2026
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Rohtas at Sasaram in connection with Sanjhauli P.S. Case No.
47 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;
(vi) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.35424 of 2026(2) dt.21-05-2026
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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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