Patna High Court
Bhagat Sahani @ Bhagat ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even though Section 76(2) bars bail, provided the allegations do not constitute an offence and the accused is not found in possession of the contraband.
Summary
The petitioner, Bhagat Sahani, sought anticipatory bail in a case under section 30(a) of the Bihar Prohibition and Excise Act after police recovered 55 litres of illicit liquor near his hut, though none was found in his conscious possession. The prosecution argued that his prior criminal antecedent justified denial of bail. The petitioner relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which held that Section 76(2) of the Act does not bar anticipatory bail if the FIR does not disclose a cognizable offence. The court, after considering the submissions and the precedent, granted anticipatory bail with a set of stringent conditions, including sureties, regular appearances before police and court, and non‑interference with witnesses. The order directed that the bail be effected within four weeks of the order if the petitioner is arrested or surrenders.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not disclose an offence.
- Whether a prior criminal antecedent precludes the grant of anticipatory bail.
- Whether the absence of seizure from the accused's conscious possession influences the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2) bar
- criminal antecedent
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39075 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Bhagat Sahani @ Bhagat Chaudhary Gobari Sahani Resident of Village -
Hathiyahi (Chakrdhe Tikuliya), P.S. - Piprakothi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard Ms. Lovely Singh, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioner is apprehending his arrest in
connection with Piparkothi P.S. Case No. 14 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 near the hut of the petitioner and
there is recovery/seizure of 55 liters of country made chulai
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because he has one criminal antecedent got implicated, nothing
has been recovered from his conscious possession rather outside
the hut and if granted relief, he shall be diligently cooperating in
Patna High Court CR. MISC. No.39075 of 2026(2) dt.17-06-2026
2/4
the investigation/trial.
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
has criminal antecedent.
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, 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 Excise Court No. 01,
Patna High Court CR. MISC. No.39075 of 2026(2) dt.17-06-2026
3/4
East Champaran at Motihari in connection with Piparkothi P.S.
Case No. 14 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;
(vi) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.39075 of 2026(2) dt.17-06-2026
4/4
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
9. Before parting, this Court would like to put on
record its word of appreciation for Ms. Lovely Singh, learned
counsel for the petitioner for the proper assistance rendered in
the matter.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.