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Patna High Court

Abhay Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.37736 of 2026(2) dt.01-07-2026
                                            3/4




          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;
              Patna High Court CR. MISC. No.37736 of 2026(2) dt.01-07-2026
                                                          4/4




                                     (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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