Patna High Court
Ravi Yadav @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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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:
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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.
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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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