Patna High Court
Trivendra Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to the petitioner with conditions, as no offence under the Act was made out against him.
Summary
The petitioner, Trivendra Kumar Giri, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, arising from the seizure of 35 litres of country-made liquor from another individual, Rohit Kumar. The prosecution alleged that Giri was implicated because the seized liquor was linked to a motorcycle he owned. Giri contended that no liquor was found in his possession, he had no prior criminal record, and relied 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) if no offence is established. The State opposed the bail, arguing ownership of the vehicle implicated Giri. The court, considering the lack of direct possession, the precedent, and Giri’s clean antecedent, granted anticipatory bail subject to stringent conditions. The order directed Giri to furnish a bail bond of Rs.10,000 with two sureties and comply with attendance and non‑interference requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the petitioner is not in possession of the seized liquor.
- Whether the petitioner’s alleged connection to the seized liquor through ownership of a motorcycle suffices to constitute an offence under Section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of liquor
- possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8451 of 2026
Arising Out of PS. Case No.-74 Year-2023 Thana- CHAORI District- Bhojpur
======================================================
Trivendra Kumar Giri son of Manoj Giri Resident of village- Panwari
Mathiyan PS- Sikarhatta Distt -Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, 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 Chauri P.S. Case No. 74 of 2023 for the offence under sections
30(a) of the Bihar Prohibition and Excise Act lodged.
3. As per the prosecution story, the Police caught one
Rohit Kumar and there is recovery/seizure of 35 liter country made
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that nothing
has been recovered from his conscious possession nor he has
criminal antecedent, only because he was named, got implicated.
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
Patna High Court CR. MISC. No.8451 of 2026(2) dt.17-02-2026
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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 due to him being the owner of the motorcycle.
7. Taking into account the submissions of the parties and
the judgment in the case of Ram Vinay Yadav (supra), as also that
part of the recovery/seizure is from Rohit Kumar and the petitioner
do not have criminal antecedent, 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 Judge, Excise Court No.-I, Bhojpur at Ara in
connection with Chauri P.S. Case No. 74 of 2023 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
Patna High Court CR. MISC. No.8451 of 2026(2) dt.17-02-2026
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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 to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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