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Patna High Court

Ravi Yadav @ Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with conditions, holding that the absence of seizure from his conscious possession and the precedent allow bail despite Section 76(2).

Summary

Ravi Yadav applied for anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, where 15 litres of country‑made liquor were seized from his house during a raid that also recovered liquor from a neighbour’s premises. The petitioner argued that no liquor was found in his conscious possession and that the delay in filing the petition was due to lack of notice. The State opposed the bail on the ground of the petitioner’s prior criminal antecedent. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar under Section 76(2) when no offence is made out, the Court granted anticipatory bail with several conditions, including a payment of Rs.10,000 to the District Legal Services Authority and the furnishing of bail bonds and sureties. The order also stipulated regular appearances before the police and trial court and prohibited tampering with witnesses or committing further offences.

Issues considered

  • What is the applicability of Section 76(2) of the Bihar Prohibition and Excise Act in denying anticipatory bail?
  • Can anticipatory bail be granted when no liquor is found in the petitioner’s conscious possession despite a prior criminal antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37739 of 2026
                     Arising Out of PS. Case No.-22 Year-2019 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Ravi Yadav @ Ravi Kumar S/O Mahesh Yadav R/O Village- Champapur,
                 P.S.- Bakhtiyarpur, District- Patna.



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Shankar Sinha, Adv.
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-07-2026                        Heard the parties

                                      2. The petitioners are apprehending his arrest in

                   connection with Bakhtiyarpur P.S. Case No. 22 of 2019 for the

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

                   Act lodged on 15.01.2019 by the informant, Subodh Prasad

                   Singh.

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

                   information raided the houses of Ram Ashish Yadav and Ravi

                   Yadav were searched and while from Ram Ashish Yadav house

                   10 liters country made liquor recovered and from the house of

                   this petitioner there is a recovery/seizure of 15 liters country

                   made liquor totaling 25 liters country made liquor. This led to
Patna High Court CR. MISC. No.37739 of 2026(2) dt.01-07-2026
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          the F.I.R.



                       4. Learned counsel for the petitioner submits that it is

          an open house and nothing have been recovered from his

          conscious possession. Only because, he has one criminal

          antecedent of the same nature, got implicated. Further

          submission is that he never got any information about the

          lodging of the present case which led to the delay in coming to

          the Court. The last submission is that without accepting the

          allegation and/or the outcome of the present case, on his own

          the petitioner intends to contribute Rs.10,000/- to the District

          Legal Services Authority, Patna for putting up flower pots in the

          Civil Court Campus, Barh, Patna Judgeship through Demand

          Draft issued by the local branch of the State Bank of India/any

          Nationalized Bank.

                       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
Patna High Court CR. MISC. No.37739 of 2026(2) dt.01-07-2026
                                            3/5




          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, the delay has been narrated, in that background, this

          Court is inclined to extend him the privilege of anticipatory bail

          with conditions subject to payment of Rs. 10,000/- to the

          District Legal Services Authority, Patna for putting up flower

          pots in the Civil Court Campus, Barh, Patna Judgeship through

          Demand Draft issued by the local branch of the State Bank of

          India/any Nationalized Bank and the receipt of the expenditure

          shall be submitted to the Trial Court by the DLSA, Patna.

                       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

          satisfaction of learned Exclusive Special Judge Excise, Patna in

          connection with Bakhtiyarpur P.S. Case No. 22 of 2019 subject

          to the following conditions:
Patna High Court CR. MISC. No.37739 of 2026(2) dt.01-07-2026
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                       (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

          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.
             Patna High Court CR. MISC. No.37739 of 2026(2) dt.01-07-2026
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                                          8. A copy of the order be sent to the Principal

                       District and Sessions Judge, Patna for his/her perusal and

                       needful.




                                                      (Rajiv Roy, J)
munindra/-

U


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