Patna High Court
Ashwani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the petitioner had no criminal antecedent, no possession of the seized liquor, and the FIR did not establish an offence against him despite the Section 76(2) bar.
Summary
Ashwani Kumar, the petitioner, feared arrest in a case (Ramgarh P.S. Case No. 51 of 2026) under sections 30(a) of the Bihar Prohibition and Excise Act after police seized 23 litres of foreign liquor from a motorcycle he owned. The police arrested Nibul Kumar and Anand Kumar, who were riding the motorcycle, and the FIR implicated the petitioner solely because he was the vehicle owner. The petitioner, represented by Mr. Aquaib Khan, argued that he has no criminal antecedent and had merely lent the bike for emergency use, relying on the Patna High Court’s 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 State, through an APP, opposed the bail on the ground of alleged criminal antecedent. The Court, after considering the submissions and the precedent, granted anticipatory bail with a Rs. 10,000 bond and several conditions regarding appearance, cooperation, and non‑interference with witnesses, noting the petitioner’s clean record and lack of possession of the seized liquor.
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 the petitioner, who merely owned the motorcycle, can be said to have committed an offence under section 30(a).
- Whether the petitioner’s lack of criminal antecedent and absence of seized goods in his possession justify granting anticipatory bail.
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)
- criminal antecedent
- FIR
- seizure of foreign liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37725 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Ashwani Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Ramgarh P.S. Case No. 51 of 2026 for the offence
registered under sections 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police intercepted
a motorcycle and there is recovery/seizure of 23 liter foreign
liquor. Nibul Kumar and Anand Kumar who were on the
motorcycle, got arrested. This led to the FIR.
4. Learned Counsel for the petitioner submits that he
do not have criminal antecedent and only because he owns the
motorcycle, got implicated. He had handed over the motorcycle
to Nibul Kumar who wanted it for emergency purposes.
Patna High Court CR. MISC. No.37725 of 2026(2) dt.01-07-2026
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.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail 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 he do not have criminal antecedent nor anything
recovered from his conscious possession, in that background,
this Court is inclined to grant him the 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
Patna High Court CR. MISC. No.37725 of 2026(2) dt.01-07-2026
3/4
satisfaction of learned Special Judge, Excise-II, Kaimur at
Bhabua in connection with Ramgarh P.S. Case No. 51 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(s) shall be appearing before the
Police Station as and when required for co-operating 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;
Patna High Court CR. MISC. No.37725 of 2026(2) dt.01-07-2026
4/4
(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)
Vijay Singh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.