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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as the FIR does not establish a prima facie case under section 30(a) and the precedent allows such relief despite Section 76(2).

Summary

Petitioner Rajeev Kumar, a police officer, was implicated in a FIR under section 30(a) of the Bihar Prohibition and Excise Act for allegedly siphoning foreign liquor from seized cartons. He applied for anticipatory bail, arguing that the allegation was false and that the bar under section 76(2) of the Act should not apply where the FIR does not disclose a cognizable offence. The State opposed, contending that the officer had indeed misappropriated the liquor. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the statutory bar if the FIR does not establish an offence, the Court granted anticipatory bail with strict conditions. The order directs the petitioner to surrender within four weeks, furnish a bail bond, and comply with conditions relating to appearance, non‑tampering with evidence, and refraining from further offences.

Issues considered

  • Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not establish a prima facie offence?
  • Do the allegations in the FIR constitute an offence under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Should the petitioner’s status as a police officer and lack of criminal antecedents influence the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • police officer
  • siphoning seized liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43854 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Rajeev Kumar S/o Mahesh Kumar Mahesh Resident of Village- Chauki, P.S.-
                 Sahebpur Kamal, District- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Sharma, Adv.
                 For the Opposite Party/s :       Mr. Ramesh Chandra, 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 Barhara P.S. Case No. 137 of 2025 for the offence

                   under sections 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the informant alleged

                   that the foreign liquor was earlier seized and Barhara P.S. Case

                   No. 135 of 2025 lodged later. The allegation is at the petitioner

                   who was posted there along with other co-accused, managed to

                   siphon of 17.25 liter as also 12 liter of foreign liquor from the

                   seized cartoons. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only

                   due to rivalry between the parties and the accused were having

                   inimical terms as he had seized the vehicle, the false implication

                   has been made. He is a Police Officer and has to face the music
Patna High Court CR. MISC. No.43854 of 2026(2) dt.08-07-2026
                                            2/3




          both on the criminal as also the civil side.

                       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

          despite being the Police official, he managed to siphon of the

          seized liquor.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that he is a Police Officer having no criminal antecedent, FIR

          is there, he shall be facing the trial, 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 1st Exclusive Special Excise Court, Bhojpur, Ara in
           Patna High Court CR. MISC. No.43854 of 2026(2) dt.08-07-2026
                                                       3/3




                     connection with Barhara P.S. Case No. 137 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(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 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;

                                  (v) 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/-

U      T


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