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Patna High Court

Rahul Kumar @ Rahul RawatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the seizure was from an open place and did not establish conscious possession, and the FIR did not disclose a cognizable offence under the Act.

Summary

The petitioners, Rahul Kumar and Nitish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police seized a 30‑litre liquor sack from an open place. They argued that the seizure did not amount to possession and that the FIR was based solely on information from locals, not on any substantive offence. The State contended that the locals had identified the petitioners, justifying the charge. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite Section 76(2) if no offence is made out, the Court examined the nature of the seizure and the lack of conscious possession. The Court concluded that the petitioners were not in possession of the contraband and granted them anticipatory bail with stringent conditions. The order directed them to furnish bail bonds and comply with reporting and conduct requirements, with bail liable to cancellation for non‑compliance.

Issues considered

  • Whether the seizure of liquor from an open place constitutes possession sufficient to attract liability under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether an application for anticipatory bail can be entertained despite the bar under Section 76(2) of the Act when the FIR does not disclose a cognizable offence.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • seizure
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37737 of 2026
                      Arising Out of PS. Case No.-91 Year-2026 Thana- SAHAJITPUR District- Saran
                 ======================================================
           1.     Rahul Kumar @ Rahul Rawat Son of Jayaprakash Ravat Resident of village-
                  Shreepur, Ps- Sahajitpur Dist- Saran at Chapra
           2.    Nitish Kumar @ Nitesh Rawat @ Nitish Rawat Son of Umesh Ravat
                 Resident of village- Sitab Diyara, Ps- Rivilganj, Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                    Heard Mr. Ajit Kumar, learned senior counsel for the

                   petitioner and the State

                                2. The petitioners are apprehending their arrest in

                   connection with Sahajitpur P.S. Case No. 91 of 2026 for the

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

                   Act lodged on 30.03.2026 by the informant, Dinesh Paswan.

                                3. As per the prosecution story, the police on secret

                   information raided the place and though the accused managed to

                   escape,      from     a    sack    30    liters    country      made      liquor

                   recovered/seized, the locals gave the name which followed the

                   F.I.R.

                                4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.37737 of 2026(2) dt.01-07-2026
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          bare perusal of the F.I.R. would show that recovery/seizure is

          from an open place and not from their conscious possession.

          Further, only because of the criminal antecedent, they got

          implicated.

                       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 the

          locals gave the name before the Police.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the fact that recovery/seizure is from an open place, not

          from their conscious possession, in that background, this Court

          is inclined to extend them the privilege of anticipatory bail with

          conditions.

                       8. Let the petitioners be released on bail in the event
Patna High Court CR. MISC. No.37737 of 2026(2) dt.01-07-2026
                                            3/4




          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) each with two sureties of like amount each to the

          satisfaction of learned Court of Special Judge (Excise) -2, Saran

          at Chapra in connection with Sahajitpur P.S. Case No. 91 of

          2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners 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 petitioners 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 petitioners shall in no way try to induce or
             Patna High Court CR. MISC. No.37737 of 2026(2) dt.01-07-2026
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                       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 petitioners 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)
munindra/-

U      T


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