Patna High Court
Shivam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the allegations did not constitute an offence under the Act and the petitioner was not found to be in possession of the liquor.
Summary
Shivam Kumar sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act after police seized 64.365 litres of country-made liquor from an open place. He argued that the seizure did not involve his conscious possession and that his criminal antecedent should not bar relief. The State opposed, citing his prior record. The court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in section 76(2) if the FIR does not disclose a cognizable offence. Accordingly, the court granted anticipatory bail with a bail bond of Rs.10,000 and multiple conditions regarding appearance, non‑tampering with evidence, and abstaining from further offences.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2)?
- Does seizure of liquor from an open place, without proof of possession, justify anticipatory bail?
- Does a petitioner’s criminal antecedent 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
- section 76
- seizure
- criminal antecedent
- bail conditions
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37680 of 2026
Arising Out of PS. Case No.-213 Year-2026 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Shivam Kumar S/o Vijay Sah Resident of Village- Gadiyani, Ward no 05, PS-
Madhubani Town, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Madhubani Town P.S. Case No. 213 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
information raided the house of the petitioner and
recovered/seized 64.365 liters of country made liquor. This led
to the FIR.
4. Learned counsel for the petitioner submits that
recovery/seizure is from an open place and only because he has
criminal antecedent, implicated. Further, if granted relief, he
undertakes not to indulge in any such activity and if any further
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case is lodged against him, the present relief granted, if any, be
withdrawn.
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 nothing has been recovered from his conscious
possession and an undertaking has been given, as recorded
above, 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 Act,
Madhubani in connection with Madhubani Town P.S. Case No.
213 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)
Adnan/-
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