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Patna High Court

Rajesh Chaudhary @ Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
                                            3/4




          (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
          Patna High Court CR. MISC. No.39076 of 2026(2) dt.17-06-2026
                                                      4/4




                    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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