Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified by the court.
Summary
Ajay Kumar, a student, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the sale of foreign liquor seized from his father's house. The prosecution alleged that the petitioner and his father were engaged in illicit liquor trade, leading to an FIR. The petitioner argued he had no criminal antecedent, no possession of the seized liquor, and relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar under Section 76(2) if no offence is made out. The court, considering the precedent and the petitioner's clean record, granted anticipatory bail with a Rs.10,000 bond and multiple conditions regarding appearance, cooperation, and non‑interference with witnesses. The order directs that bail be effected upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
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 is likely to be held liable for an offence under Section 30(a) of the Act.
- Whether the conditions imposed are appropriate for the grant of anticipatory bail.
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)
- illegal liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43837 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- KASBA District- Purnia
======================================================
Ajay Kumar S/o Ramchandra Mirdha @ Ramchandar Mirdha Resident of vill
- Durgapur, ward no. 4, P.S.- Kasba, Distt.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kasaba P.S. Case No. 144 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the informant alleged
that on secret information, the house of Ramchandra Mirdha
was raided and there is recovery/seizure of 12.250 liter foreign
liquor. The allegation is that he along with his son (petitioner
herein) used to sell liquor. Later, on his instance, house of Mithu
Kumar was raided and there is another recovery of 262.360 liter
foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that the
house belongs to his father, he is a student having no role to play
Patna High Court CR. MISC. No.43837 of 2026(2) dt.08-07-2026
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in the matter. Further, nothing has been recovered from his
conscious possession and he has no criminal antecedent.
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, Mr. Jitendra Kumar Singh opposes
the prayer submitting that his father has given the name of the
petitioner.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have criminal antecedent, 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/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise, Court No. 1,
Purnea in connection with Kasaba P.S. Case No. 144 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(s) shall be appearing before the
Police Station as and when required for co-operating 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)
Vijay Singh/-
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