Patna High Court
Chandan Singh @ Prince Kumar @ Chandan Singh Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the petitioner is not likely to be implicated and the bar under Section 76(2) does not apply where no offence is made out.
Summary
The petitioner, a student named Chandan Singh (Prince Kumar), feared arrest in a case (Piro PS Case No. 380 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act after police seized foreign liquor from another individual, Sudhir Kumar. He argued that he had no role in the seizure and relied on a Patna High Court Full Bench decision (Ram Vinay Yadav v. State of Bihar, 2019) which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out. The State opposed, claiming the arrested person had named the petitioner. The court, considering the precedent and the fact that the seizure was from Sudhir Kumar, granted anticipatory bail with a Rs.10,000 bond and several conditions under Section 438(2) of the Cr.P.C. The order directs the petitioner to cooperate with the investigation and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2) when the FIR does not disclose an offence against the petitioner.
- Whether the petitioner is implicated in the alleged offence given that the seized liquor was recovered from another person.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. are appropriate for 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
- Section 76
- Section 438
- foreign liquor seizure
- student petitioner
- Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43923 of 2026
Arising Out of PS. Case No.-380 Year-2024 Thana- PIRO District- Bhojpur
======================================================
Chandan Singh @ Prince Kumar @ Chandan Singh Prince Kumar S/o Dinesh
Mahto R/o Village- Jethwar, P.S. - Tarari, Distt.- Bhojpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, 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 Piro P.S. Case No. 380 of 2024 instituted under Section
30(a) of the Bihar Prohibition and Excise Amendment Act
lodged on 09.09.2024 by the informant, Subodh Kumar.
3. As per the prosecution story, the police on secret
information raided the room of Kundan Patel and one Sudhir
Kumar and there is recovery/seizure of 8 liter 440 ml of foreign
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he is
a student having no role to play in the matter and
recovery/seizure is from Sudhir Kumar.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
Patna High Court CR. MISC. No.43923 of 2026(2) dt.08-07-2026
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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 arrested person have 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 recovery/seizure is from Sudhir Kumar, in that
background, 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 Piro P.S. Case No. 380
of 2024 to the satisfaction of learned 2nd Exclusive Special
Excise Judge, Bhojpur, Ara subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
Patna High Court CR. MISC. No.43923 of 2026(2) dt.08-07-2026
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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
cancellation of the bail bonds;
Patna High Court CR. MISC. No.43923 of 2026(2) dt.08-07-2026
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(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
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