Patna High Court
Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions, holding that the bar under Section 76(2) does not preclude bail where the FIR does not establish a prima facie offence.
Summary
The petitioner, Rahul Kumar Singh, sought anticipatory bail after police seized 46.5 litres of foreign liquor from his vehicle following an accident, leading to an FIR under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was merely the owner of the car, had no criminal record, and the liquor was in the driver’s possession, invoking the precedent of Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) when no offence is established. The State opposed, contending that the liquor was discovered only after the accident, implying culpability. The Court examined the facts, the petitioner’s clean record, and the cited precedent, and concluded that anticipatory bail was appropriate with strict conditions. Consequently, the Court ordered that the petitioner be released on bail if arrested or surrendered within four weeks, subject to a bond and multiple compliance conditions.
Issues considered
- What is the applicability of anticipatory bail under the Bihar Prohibition and Excise Act in light of Section 76(2) bar?
- Whether the facts disclosed in the FIR constitute an offence under Section 30(a) of the Act?
- Can the precedent set in Ram Vinay Yadav v. State of Bihar be applied to grant anticipatory bail in the present case?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- excise law
- prohibition law
- Section 30
- Section 76(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43866 of 2026
Arising Out of PS. Case No.-4 Year-2023 Thana- Kaler District- Arwal
======================================================
Rahul Kumar Singh Son of Virendra Singh Resident of village- Hawai Nagar,
Road No 15, Near Birsa Hotel, PS -Hatiya, Dist- Ranchi Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chandni Kumari, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard Ms. Chandni Kumari, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Kaler P.S. Case No. 04 of 2023 for the offence
under sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police on
information about a car stranded on the road due to accident,
went to the place and recovered/seized 46.5 liter foreign liquor
from the dicky. This led to the FIR.
4. Learned counsel for the petitioner submits that he is
the owner of the Swift Dzire having no criminal antecedent, it
was driven by his driver, Anuj Kumar and in that way, got
implicated.
5. Further, learned counsel for the petitioner relied on
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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
only after the car met with an accident, this carrying of the
liquor came into light.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have criminal antecedent nor
anything recovered from his conscious possession, 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 Judge Excise Court No. II,
Patna High Court CR. MISC. No.43866 of 2026(2) dt.08-07-2026
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Jehanabad in connection with Kaler P.S. Case No. 04 of 2023
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
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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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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