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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with conditions, holding that ownership alone does not preclude bail and Section 76(2) does not bar it where no offence is made out.

Summary

The petitioner, Dhiraj Kumar, was implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act after a two-wheeler he owned was seized with 32.2 litres of country-made liquor. He applied for anticipatory bail, asserting that he has no criminal antecedent and that ownership alone should not render him liable. The State opposed, arguing that as the owner he cannot exonerate himself. The Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) if the FIR does not disclose a cognizable offence. Considering the petitioner’s clean record and lack of possession, the Court granted anticipatory bail with stringent conditions, reserving the right to cancel the bail if a criminal antecedent is later discovered.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act when the accused is merely the owner of the vehicle from which liquor was seized.
  • Whether Section 76(2) of the Bihar Prohibition and Excise Act bars the grant of anticipatory bail in such circumstances.
  • Whether the absence of a criminal antecedent and lack of possession affect the entitlement to anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • owner liability
  • criminal antecedent
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8423 of 2026
                      Arising Out of PS. Case No.-185 Year-2025 Thana- AMBA District- Aurangabad
                 ======================================================
                 Dhiraj Kumar S/O Santosh Singh R/o village- Ramabandh, P.S.Town,
                 District-Aurangabad .

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Adv.
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                     Heard Mr. Ashok Singh, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Amba P.S. Case No. 185 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 32.2 liter country made liquor. This led to

                   the FIR.

                                4. Learned counsel for the petitioner submits that he

                   do not have criminal antecedent and it has wrongly come in the

                   learned Sessions Judge order that he has criminal antecedent.

                   Further, only because he is the owner, got implicated, nothing
Patna High Court CR. MISC. No.8423 of 2026(2) dt.17-02-2026
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          has been recovered from his criminal antecedent.

                       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 he

          being the        owner,      cannot      exonerate   himself   from   the

          responsibility.

                       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. 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
Patna High Court CR. MISC. No.8423 of 2026(2) dt.17-02-2026
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          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 Court of the District & Additional

          Sessions Judge-cum-Exclusive Special Judge, Excise Court No.

          1, Aurangabad in connection with Amba P.S. Case No. 185 of

          2025 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;
           Patna High Court CR. MISC. No.8423 of 2026(2) dt.17-02-2026
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                                  (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

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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