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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where the allegations do not amount to an offence under the Bihar Prohibition and Excise Act, notwithstanding the bar in Section 76(2).

Summary

The petitioner, Monu Kumar, sought anticipatory bail fearing arrest in an excise case (Section 30(a) of the Bihar Prohibition and Excise Act) after his brother named him in an FIR concerning seizure of foreign liquor. He asserted no criminal antecedent and offered cooperation with the investigation. The State opposed, relying on the brother's statement. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) if the allegations do not constitute an offence. Considering the lack of possession and clean record, the Court granted anticipatory bail with stringent conditions, subject to revocation if a criminal antecedent emerges.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioner’s alleged involvement, based solely on his brother’s statement, suffices to deny bail.
  • Whether the absence of possession and prior criminal record justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • criminal antecedent
  • bail conditions
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39065 of 2026
                  Arising Out of PS. Case No.-133 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Monu Kumar S/o Rajesh Rajak Resident of Village- Cherkidih, P.S.-
                 Sherghati, District- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain 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 Excise Sherghati P.S. Case No. 133 of 2026 for

                   the offence under section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution story, the Police on secret

                   information raided the place and outside the house of the

                   petitioner, there is recovery/seizure of 8.180 liters of foreign

                   liquor and one Ganesh Kumar was apprehended who gave the

                   name of this petitioner. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   do not have any criminal antecedent, his brother got arrested

                   and named him. He further submits that if granted relief, he

                   shall be cooperating in the investigation/trial.
Patna High Court CR. MISC. No.39065 of 2026(2) dt.17-06-2026
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                       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 his

          own brother has 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 nothing has been recovered from his conscious

          possession nor he has criminal antecedent, in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the
Patna High Court CR. MISC. No.39065 of 2026(2) dt.17-06-2026
                                            3/4




          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 Excise Court, No. 03,

          Gaya in connection with Sherghati P.S. Case No. 133 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,
          Patna High Court CR. MISC. No.39065 of 2026(2) dt.17-06-2026
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                    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)
Adnan/-

U     T


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