Patna High Court
Ramudgar Yadav @ Ram Udgar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as the FIR does not make out an offence against the petitioner and he lacks conscious possession of the seized liquor.
Summary
The petitioner, Ramudgar Yadav, sought anticipatory bail fearing arrest in a case where police seized a motorcycle he owned and 9 litres of Nepali liquor allegedly used by Rishi Kumar Yadav, invoking sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued he was not present at the scene, had no conscious possession of the liquor, and possessed no prior criminal record, contending that ownership alone should not attract liability. The State opposed, emphasizing the petitioner’s ownership of the vehicle. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar (2019) PLJR 1089, which permits anticipatory bail despite the bar under Section 76(2) if the FIR does not establish an offence, the court examined whether the allegations amounted to a cognizable offence. Finding no direct possession or criminal antecedent, the court granted anticipatory bail with stringent conditions, including sureties, regular police appearances, and non‑interference with witnesses. The order directed release on bail if arrested within four weeks, subject to 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 mere ownership of a vehicle used in the alleged offence, without conscious possession of the contraband, suffices to deny anticipatory bail.
- Whether the FIR allegations constitute an offence under sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- section 76(2) bar
- possession vs ownership
- FIR
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43861 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- KHAJAULI District- Madhubani
======================================================
Ramudgar Yadav @ Ram Udgar Yadav S/o Raj Kishore Yadav Resident of
Village- Kakarghati, P.S.- Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
For the Opposite Party/s : Mr. Nityanand, 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 Khajauli P.S. Case No. 101 of 2026 for the
offence under sections 274, 275, 3(5) of BNS and 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police intercepted a
motorcycle which was being used by one Rishi Kumar Yadav and
9 liter Nepali liquor recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that the
motorcycle was handed over to Rishi Kumar Yadav, he was not
present at the spot nor anything recovered from his conscious
possession. Only because he owns the motorcycle and has criminal
antecedent, got implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
Patna High Court CR. MISC. No.43861 of 2026(2) dt.08-07-2026
2/3
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 is
the owner of the motorcycle.
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 nor he has 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/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Excise Act, Madhubani in connection with
Khajauli P.S. Case No. 101 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
Patna High Court CR. MISC. No.43861 of 2026(2) dt.08-07-2026
3/3
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
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/-
U
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