Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions, holding that no offence was made out against him despite the Section 76(2) bar.
Summary
The petitioner, Chandan Kumar, sought anticipatory bail in a case (PS No. 596 of 2025) under sections 30(a) of the Bihar Prohibition and Excise Act after police seized 40 litres of country-made liquor from a motorcycle and arrested Rakesh Kumar. The petitioner contended that he neither owned the motorcycle nor had any criminal antecedent, and that the FIR did not establish an offence against him. The State opposed the bail, arguing that the petitioner was implicated by the arrested individual. The Court relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), which permits anticipatory bail in Excise matters despite the bar under Section 76(2) if no offence is made out. Considering the lack of ownership and antecedent, the Court granted anticipatory bail with a set of stringent conditions. The order directed the petitioner to surrender within four weeks, furnish a bail bond, and comply with attendance and conduct requirements.
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 the petitioner can be held liable for the offence when he does not own the seized vehicle and has no criminal antecedent.
- Whether the allegations in the FIR constitute a cognizable offence against the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2)
- seizure of liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37758 of 2026
Arising Out of PS. Case No.-596 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Chandan Kumar S/o Karu Yadav Resident of Village - Milkipar, P.S.- Rahui,
District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I, Advocate
: Ms. Sonam Kumari, Advocate
For the State : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Ms. Sonam Kumari, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Rahui P.S. Case No. 596 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 15.10.2025 by the informant, Chandrakant
Verma.
3. As per the prosecution story, the Police intercepted
a motorcycle and recovered/seized 40 liters country made
liquor, Rakesh Kumar was arrested and this led to the FIR.
4. Learned counsel for the petitioner submits that he
do not own the motorcycle nor he has criminal antecedent and
Patna High Court CR. MISC. No.37758 of 2026(2) dt.01-07-2026
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only because Rakesh Kumar implicated, he is now facing the
case.
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
person arrested named him.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the recovery/seizure is from Rakesh Kumar, he do not
have criminal antecedent nor he owns the motorcycle, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
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/-
Patna High Court CR. MISC. No.37758 of 2026(2) dt.01-07-2026
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge, Excise 2nd Bihar Sharif,
Nalanda in connection with Rahui P.S. Case No. 596 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document 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
bail bond by the Trial Court itself;
(iv) the petitioner 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 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
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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 his bail bonds.
(Rajiv Roy, J)
vinayak/-
U
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