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Patna High Court

Bhagat Sahani @ Bhagat ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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