Patna High Court
Rajesh Chaudhary @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the FIR did not establish a prima facie offence under the Bihar Prohibition and Excise Act and the bar under Section 76(2) was not applicable.
Summary
The petitioner, Rajesh Chaudhary, sought anticipatory bail fearing arrest in Excise P.S. Case No. 893 of 2025 under section 30(a) of the Bihar Prohibition and Excise Act. The police had seized 7.125 litres of foreign liquor from a third party, Kislay Kumar, who alleged that Chaudhary had asked him to procure the liquor, leading to the FIR. The petitioner argued that no liquor was recovered from his possession and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not establish an offence. The State opposed the bail, contending that the petitioner was named in the FIR. The Court, after considering the precedent and the lack of direct recovery from the petitioner, granted anticipatory bail with a set of conditions, including bond, sureties, regular appearances before police and court, 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 can be held liable when the seizure was made from a third party and no liquor was found in his possession.
- Whether the allegations in the FIR constitute a cognizable offence under section 30(a) of the Act.
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)
- foreign liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39076 of 2026
Arising Out of PS. Case No.-893 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Rajesh Chaudhary @ Raja Kumar S/O Umesh Chaudhary @ Lakhpati
Chaudhary Resident of Mohalla- Gandhinagar, P.S - Nawada Town, District -
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitish Kumar, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard Mr. Nitish Kumar, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 893 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and
Excise Act lodged on 02.11.2025.
3. As per the prosecution story, the Police
intercepted a Vijay Rath Bus and there is recovery/seizure of
7.125 liters of foreign liquor from one Kislay Kumar. He gave
the name of this petitioner as the person who asked him to
bring the said liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
only because of criminal antecedent, he has been implicated
Patna High Court CR. MISC. No.39076 of 2026(2) dt.17-06-2026
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and nothing has been recovered from his conscious
possession.
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 arrested person 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 recovery/seizure is from Kislay Kumar and not
from this petitioner, 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/-
Patna High Court CR. MISC. No.39076 of 2026(2) dt.17-06-2026
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Court, Excise – 2,
Nawada in connection with Excise P.S. Case No. 893 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;
(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
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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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