Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the petitioner does not own the vehicle or possess the seized Mahua and no offence is made out against him under the Act.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 60 litres of Mahua were seized from a two‑wheeler. He contended that he neither owned the motorcycle nor had possession of the seized liquor, and cited a prior Full Bench decision allowing anticipatory bail despite the statutory bar in Section 76(2) when no offence is established. The State opposed, noting the petitioner’s name in the FIR. Relying on the earlier judgment and the lack of ownership or possession, the Court granted anticipatory bail with a bond of Rs.10,000 and six specific conditions, including regular appearances before police and the trial court. The order directs that bail be released upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
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?
- Does the petitioner’s lack of ownership of the vehicle and non‑possession of the seized Mahua preclude liability under Section 30(a)?
- Is the inclusion of the petitioner’s name in the FIR sufficient to constitute an offence against him?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure of liquor
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8421 of 2026
Arising Out of PS. Case No.-598 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Rakesh Kumar Son of Basdev Prasad Resident of Village - Bhaijibhita, Police
Station - Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nidhi Anand, Adv.
For the Opposite Party/s : Mr. Ajay Kumar No. 2, 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 Rajauli P.S. Case No. 598 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, on secret information,
a two wheeler vehicle was intercepted and there is
recovery/seizure of 60 liter country made Mahua. This led to the
FIR.
4. Learned counsel for the petitioner submits that
neither he owns the motorcycle nor anything recovered from his
conscious possession, only because he has one criminal
antecedent, got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8421 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 his
name has come in the FIR.
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 own the motorcycle 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 Exclusive Special Court, Excise-2,
Nawada in connection with Rajauli P.S. Case No. 598 of 2025
Patna High Court CR. MISC. No.8421 of 2026(2) dt.17-02-2026
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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
criminal offence again, failing which the State shall be at liberty
Patna High Court CR. MISC. No.8421 of 2026(2) dt.17-02-2026
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to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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