Patna High Court
Abhay Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, holding that ownership of the motorcycle does not, by itself, preclude bail when the petitioner has no criminal antecedent and the FIR does not establish a prima facie offence.
Summary
The petitioner, Abhay Kumar Das, sought anticipatory bail fearing arrest in a case (PS 21/2026) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 15.75 litres of foreign liquor seized from a motorcycle registered in his name. The prosecution alleged that the motorcycle was intercepted on secret information and that Ashutosh Kumar and Molu Kumar, the petitioner's son and another individual, were arrested. The petitioner argued that he had no criminal antecedent and that ownership of the vehicle alone should not render him liable, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allowed anticipatory bail despite the bar in Section 76(2) when no offence is made out. The State opposed, contending that the vehicle owner cannot exonerate himself. The Court, after considering the precedent and the petitioner's clean record, granted anticipatory bail subject to stringent conditions, including surety, regular appearances, and non‑interference with witnesses.
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 ownership of a vehicle used in the alleged offence disqualifies the owner from obtaining anticipatory bail.
- Whether the allegations in the FIR constitute an offence under Section 30(a) of the Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- foreign liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37736 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- ISHUPUR BARAHAT District- Bhagalpur
======================================================
Abhay Kumar Das S/O Janardan Das @ Janardan Harijan R/O Village-
Rampur, Jaytipur, P.S- Shivnaranpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Preety Kunwar, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mr. Diwakar Upadhyay, learned counsel
for the petitioner and Mr. Nirmal Kumar Singha, learned APP
for the State.
2. The petitioner is apprehending his arrest in
connection with Ishipur Barahat P.S. Case No. 21 of 2026
registered for the offence under Sections 30(a) of the Bihar
Prohibition and Excise Act lodged on 23.02.2026 by the
informant Manish Kumar.
3. As per the prosecution story, the police on secret
information intercepted the motorcycle and there is a
recovery/seizure of 15.75 liters foreign liquor. Ashutosh Kumar
and Molu Kumar were arrested and the FIR lodged.
4. Learned counsel for the petitioner submit that
Ashutosh is his son and only because the motorcycle registered
Patna High Court CR. MISC. No.37736 of 2026(2) dt.01-07-2026
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in the name of the petitioner, got implicated and he do not have
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 submitting that
being the owner of the motorcycle, he cannot exonerate himself
from the allegation.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra) as
also that Ashutosh and Molu stand arrested along with the
liquor, this petitioner has no criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
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 Special Judge Excise-01, cum- Additional
Sessions Judge-IX, Bhagalpur in connection with Ishipur
Barahat. P.S. Case No. 21 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 (Aadhar Card/Voter Id/Driving License/Pan Card) 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/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
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(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
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
sanny/-
U T
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