Patna High Court
Rajan Kumar @ Rajan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence is made out against the petitioner and the bar under Section 76(2) does not preclude relief.
Summary
Petitioner Rajan Kumar (Rajan Yadav) sought anticipatory bail after the police, acting on a chowkidar’s tip, seized 23.040 litres of foreign liquor and implicated him under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner contended that he neither owned the motorcycle involved nor had any possession of the liquor, and that the accusation stemmed from personal enmity. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court examined whether anticipatory bail could be granted despite the bar in Section 76(2) of the Act when no offence is established. The court found no criminal antecedent and concluded that the allegations did not constitute a cognizable offence against the petitioner. Consequently, the court granted anticipatory bail subject to stringent conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Can anticipatory bail be granted under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2)?
- Whether the petitioner’s alleged involvement in the seizure of foreign liquor can be established given lack of possession and ownership.
- Whether the petitioner’s clean criminal record and the circumstances justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 438 Cr.P.C.
- foreign liquor seizure
- criminal antecedent
- false accusation
- enquiry conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43913 of 2026
Arising Out of PS. Case No.-274 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Rajan Kumar @ Rajan Yadav Son of Jitendra Yadav Resident of Village-
Naurahi Ward No. 15, P.S.- Nautan, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mrs.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Nautna P.S. Case No. 274 of 2026 instituted under Section
30(a) of the Bihar Prohibition and Excise Amendment Act
lodged on 27.05.2026 by the informant, Indradeo Yadav.
3. As per the prosecution story, the Police intercepted
a motorcycle and there is recovery/seizure of 23.040 liters of
foreign liquor. The local Chowkidar gave the name of this
petitioner which led to the FIR.
4. Learned counsel for the petitioner submits that
neither anything has been recovered from his conscious
possession nor he owns the motorcycle. Further, the petitioner
do not have criminal antecedent but due to enmity, the
Chowkidar named him.
Patna High Court CR. MISC. No.43913 of 2026(2) dt.08-07-2026
2/4
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
Chowkidar 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 he do not have criminal antecedent, this Court is
inclined to extend him the privilege of anticipatory bail.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Nautna P.S. Case No.
274 of 2026 to the satisfaction of learned Special Judge, Excise
-1st, Bettiah, West Champaran subject to the conditions as laid
Patna High Court CR. MISC. No.43913 of 2026(2) dt.08-07-2026
3/4
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) 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 day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of 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.43913 of 2026(2) dt.08-07-2026
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)
Ravi/-Ankita
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.