Patna High Court
Chunchun Prasad JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner subject to stringent conditions.
Summary
The petitioner, Chunchun Prasad Jaiswal, sought anticipatory bail fearing arrest in Excise Case No. 865 of 2025 under sections 30(a) and 32 of the Bihar Prohibition and Excise Act for alleged possession of 3.375 litres of foreign liquor seized from a two-wheeler. The prosecution alleged that the motorcycle, owned by the petitioner, was used by his employee Ujjwal Sahni, leading to the FIR and the arrest of two others. The petitioner argued he had no criminal antecedent and that mere ownership of the vehicle should not attract liability, relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out. The State opposed, asserting ownership of the motorcycle. The Court, after considering the precedent and the petitioner’s clean record, granted anticipatory bail with a bond of Rs. 10,000 and multiple conditions regarding appearance, cooperation, 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 mere ownership of a vehicle used by an employee constitutes sufficient basis for arrest under sections 30(a) and 32.
- Whether the petitioner’s lack of prior criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- Section 76(2) bar
- criminal antecedent
- bail conditions
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38780 of 2026
Arising Out of PS. Case No.-865 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Chunchun Prasad Jaiswal S/o Subhash Chandra Prasad @ Subash Chandra
Prasad R/o Village- Chhapra Bahas, P.S- Sugauli, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Harsha Shashwat, Advocate
: Mr. Abhishek Kumar, Advocate
For the State : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard Ms. Harsha Shashwat, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 865 of 2025 for the
offence under sections 30(a) and 32 of the Bihar Prohibition and
Excise Act lodged on 27.12.2025 by the informant, Ajay Kumar.
3. As per the prosecution story, the informant alleged
that the Police on secret information intercepted a two wheeler
and there is recovery/seizure of 3.375 liters foreign liquor. On
Ujjwal Sahni alongwith Shailendra Kumar were arrested. This
led to the FIR.
4. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.38780 of 2026(2) dt.17-06-2026
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do not have criminal antecedent and only because motorcycle
was handed over to Ujjwal Sahni, his employee, 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 he
owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that Ujjwal Sahni and Shailendra Kumar stand arrested
with the liquor, he do not have criminal antecedent, 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/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No.II,
Gopalganj in connection with Excise P.S. Case No. 865 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 T
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