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Patna High Court

Sumit Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner and he has no criminal antecedent.

Summary

The petitioner, Sumit Kumar Singh, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 65 litres of country-made liquor seized from a two-wheeler he owned. He contended that the liquor was not in his conscious possession as the vehicle had been handed over to another person, and he had no prior criminal record. The State opposed, asserting ownership of the vehicle. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court examined the facts. Finding no evidence of possession by the petitioner and noting his clean antecedent, the court granted anticipatory bail with a set of strict conditions. The order remains subject to revocation if the petitioner is later found to have a criminal antecedent or violates any condition.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out?
  • Whether the petitioner’s lack of conscious possession and clean criminal record justify the grant of anticipatory bail?
  • What conditions should be imposed on the anticipatory bail to safeguard the investigation?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • criminal antecedent
  • bail conditions
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8412 of 2026
                      Arising Out of PS. Case No.-132 Year-2024 Thana- UDAKISHUNGANJ District-
                                                       Madhepura
                 ======================================================
                 Sumit Kumar Singh Son of Upendra Singh Resident of Village- Adabari Tola
                 Patraha, P.S.- Choutham, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surya Narayan Yadav, Adv.
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Udakishunganj P.S. Case No. 132 of 2024 for

                   the offence under sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution story, a two wheeler was

                   intercepted and there is recovery/seizure of 65 liter country

                   made liquor. Petitioner being the owner, the FIR.

                                4. Learned counsel for the petitioner submits that he

                   being the owner, got implicated. Nothing has been recovered

                   from his conscious possession, he had given the motorcycle to

                   Nitish Kumar who was caught with it.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8412 of 2026(2) dt.17-02-2026
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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 he

          is the owner of the vehicle.

                       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, nothing

          has been recovered from his conscious possession, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. However, if it is found that contrary to the statement

          made in paragraph 3, the petitioner has criminal antecedent, the

          present order shall become infructuous.

                       9. 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
Patna High Court CR. MISC. No.8412 of 2026(2) dt.17-02-2026
                                            3/4




          satisfaction of learned Additional Sessions Judge-V-cum-Special

          Judge (Excise)-I, Madhepura in connection with Udakishunganj

          P.S. Case No. 132 of 2024 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;
           Patna High Court CR. MISC. No.8412 of 2026(2) dt.17-02-2026
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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)
Vijay Singh/-

U      T


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