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Patna High Court

Rajo Prasad @ Raju ChauhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rajo Prasad, sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act concerning the seizure of 750 ml of foreign liquor from a motorcycle driven by his son Navin. The prosecution alleged that the motorcycle, registered in the petitioner's name, was used to transport the liquor, leading to an FIR. The petitioner argued that he had no involvement and relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The State opposed, contending ownership of the vehicle implicated the petitioner. The court, considering the precedent and the lack of criminal antecedent, granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances, 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 the petitioner is liable for the offence alleged in the FIR given that the seized liquor was found on his son’s motorcycle registered in his name.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.38795 of 2026
                        Arising Out of PS. Case No.-79 Year-2026 Thana- HALSI District- Lakhisarai
                 ======================================================
                 Rajo Prasad @ Raju Chauhan S/O - Late Karu Prasad R/O Vill - Bandol, P.S -
                 Halsi, Dist- Lakhisarai


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Brajesh Sahay, Advocate
                                           :        Mr. Vivek Kumar, Advocate
                                                    Ms. Rishika Arya, Advocate
                                           :        Mr. Umesh Prasad, Advocate
                 For the State             :        Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-06-2026                          Heard Mr. Brajesh Sahay, learned counsel for the

                   petitioner and learned APP representing the State.

                                  2. The petitioner is apprehending his arrest in

                   connection with Halsi P.S. Case No. 79 of 2026 for the offence

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

                   lodged on 09.04.2026 by the informant, Rajeshwar Ram.

                                  3. As per the prosecution story, the informant alleged

                   that the Police intercepted a motorcycle and there is

                   recovery/seizure of 750 ml foreign liquor. Navin was driving the

                   motorcycle who was arrested. This led to the FIR.

                                  4. Learned counsel for the petitioner submits that

                   Navin is his son while the motorcycle is registered in his name
Patna High Court CR. MISC. No.38795 of 2026(2) dt.17-06-2026
                                            2/4




          and that is the reason why he has been implicated in 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

          petitioner 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 the recovery/seizure is from Navin, 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/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned District and Additional Sessions Judge-
Patna High Court CR. MISC. No.38795 of 2026(2) dt.17-06-2026
                                            3/4




          IV-cum-Special Excise Court, 1st, Lakhisarai in connection with

          Halsi P.S. Case No. 79 of 2026                   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

          cancellation of the bail bonds;
            Patna High Court CR. MISC. No.38795 of 2026(2) dt.17-06-2026
                                                        4/4




                                   (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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