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Patna High Court

VISHNU URANWversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the petitioner had no conscious possession of the liquor and no criminal antecedent, and the FIR did not make out an offence under Section 30(a).

Summary

Vishnu Uranw sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized liquor from his residence. The prosecution alleged possession of 10 litres of country-made liquor, but the petitioner contended that nothing was recovered from his conscious possession and he had no criminal antecedent. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar under Section 76(2) if the FIR does not establish an offence, the court examined the facts. Finding no evidence of conscious possession or prior offences, the court granted anticipatory bail with stringent conditions. The order remains subject to revocation if the petitioner is later found to have a criminal antecedent or violates the conditions.

Issues considered

  • Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not establish an offence?
  • Does the petitioner have conscious possession of the seized liquor or any criminal antecedent that would preclude bail?
  • Do the facts alleged in the FIR constitute an offence under Section 30(a) of the Bihar Prohibition and Excise Act?

Legislation cited

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.35431 of 2026
                        Arising Out of PS. Case No.-12 Year-2026 Thana- RUPAULI District- Purnia
                 ======================================================
                 VISHNU URANW Son of Janaklal Uranw Resident of Village - Ajhokopa,
                 P.S.- Rupauli, District - Purnia (Bihar), Pin - 854204.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Rupauli P.S. Case No. 12 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police, during the

                   course of patrolling, raided the house of Manju Devi, Ramesh

                   Uranw and Vishnu Uranw (petitioner herein) and there is/are

                   recovery/seizure of 5 liters, 9 liters and 10 liters of country

                   made liquor respectively. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession and

                   he has no criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.35431 of 2026(2) dt.21-05-2026
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          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 the

          recovery is from the houses.

                       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 have criminal antecedent and nothing has

          been recovered from his conscious possession, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. 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/-
Patna High Court CR. MISC. No.35431 of 2026(2) dt.21-05-2026
                                            3/4




          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Excise Judge, Court

          No. 02, Purnia in connection with Rupauli P.S. Case No. 12 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
          Patna High Court CR. MISC. No.35431 of 2026(2) dt.21-05-2026
                                                      4/4




                    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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