Patna High Court
Mukesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as no material evidence was recovered from the petitioners and the Full Bench precedent allows such relief despite Section 76(2).
Summary
Mukesh Rai and Rakesh Rai applied for anticipatory bail fearing arrest in a case under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, where 270 litres of illicit liquor were seized and they were named by locals. The prosecution alleged they were involved in the manufacture of the liquor, but no material was recovered from their conscious possession or residence. The petitioners argued that, per the Full Bench decision in Ram Vinay Yadav v. State of Bihar, an anticipatory bail application can proceed despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence against the applicants. The State opposed bail citing the petitioners' criminal antecedents. Relying on the precedent and the absence of any seized property from the petitioners, 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 and a prohibition on tampering with evidence.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out against the applicants?
- Does the lack of recovery of seized liquor from the petitioners' possession justify the grant of anticipatory bail?
- Do the petitioners' criminal antecedents preclude the grant of anticipatory bail?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30
- section 76(2)
- criminal antecedent
- seizure of illicit liquor
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8475 of 2026
Arising Out of PS. Case No.-135 Year-2022 Thana- RIVILGANJ District- Saran
======================================================
1. Mukesh Rai S/o Jhilim Rai @ Sonalal Rai @ Sona Dhari Rai @ Sonali Ray
@ Sonolala Ray @ Mohan Rai @ Sona Lal Ray R/o vill - Naya Basti
Ajayabgan, P.S.- Bhagwanbazar, Distt.- Saran
2. Rakesh Rai @ Rakesh Kumar S/o Jhilim Rai @ Sonalal Rai @ Sona Dhari
Rai @ Sonali Ray @ Sonolala Ray @ Mohan Rai @ Sona Lal Ray R/o vill -
Naya Basti Ajayabgan, P.S.- Bhagwanbazar, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Rivilganj P.S. Case No. 135 of 2022 for the
offence under sections 30(a) and 30(c) of the Bihar Prohibition
and Excise Act lodged on 01.05.2022 by the informant, Prabhu
Dayal Singh.
3. As per the prosecution story, the informant alleged
that Police on secret information, raided the Diara area and
found manufacturing of the country-made liquor. Altogether 270
liters of liquor recovered/seized and the locals gave the names
of these petitioners. This led to the FIR.
4. Learned counsel for the petitioners submit that
Patna High Court CR. MISC. No.8475 of 2026(3) dt.01-04-2026
2/4
nothing has been recovered from their conscious possession,
only because of their criminal antecedent, implicated and they
will not indulge in any further criminal activity failing which,
steps be taken for the cancellation of the bail bond.
5. Further, learned counsel for the petitioners 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
they have criminal antecedents.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that there is no recovery from their conscious possession
and nor from their house, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. Let the petitioners be released on bail in the event
Patna High Court CR. MISC. No.8475 of 2026(3) dt.01-04-2026
3/4
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 Excise Judge Saran at
Chapra in connection with Rivilganj P.S. Case No. 135 of 2022
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for six months to mark their
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 petitioners shall in no way try to induce or
Patna High Court CR. MISC. No.8475 of 2026(3) dt.01-04-2026
4/4
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 petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…