Patna High Court
Biki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the allegations do not constitute an offence under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
Summary
Biki Kumar sought anticipatory bail after an FIR was lodged under section 30(a) of the Bihar Prohibition and Excise Act alleging possession of 13 litres of country-made liquor in his cow shed. The petitioner argued he had no criminal antecedent and that the cow shed was an open area accessible to all. The State contended that the cow shed belonged to the petitioner and the offence was cognizable. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court granted anticipatory bail with stringent conditions. The bail order required a bond, sureties, regular appearances before police and court, and prohibited tampering with evidence or committing further offences.
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 allegations in the FIR constitute an offence under section 30(a) of the Act.
- Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.
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)
- criminal antecedent
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39059 of 2026
Arising Out of PS. Case No.-627 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Biki Kumar S/O Nagina Paswan R/o Village- Sultanpur, PS- Warisaliganj,
Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the State : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Warisaliganj P.S. Case No. 627 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 08.12.2025 by the informant, Sunil Kumar.
3. As per the prosecution story, the informant alleged
that the Cow Shed of the petitioner was raided and there is
recovery/seizure of 13 liter country made liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent, Cow Shed is an open place and
accessible to everyone, however, he 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
Patna High Court CR. MISC. No.39059 of 2026(2) dt.17-06-2026
2/3
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
Cow Shed belongs to the petitioner.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that 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 Exclusive Special Court, Excise-2,
Nawada in connection with Warisaliganj P.S. Case No. 627 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;
Patna High Court CR. MISC. No.39059 of 2026(2) dt.17-06-2026
3/3
(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;
(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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.