Created by Fuzzy Cloud

Patna High Court

Saroj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner with conditions, as the FIR did not establish a prima facie offence against him despite the Section 76(2) bar.

Summary

The petitioner, Saroj Kumar, the owner of a motorcycle, was implicated in a case (Sikti P.S. Case No. 191 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 63 litres of Nepali liquor were seized from the vehicle. He applied for anticipatory bail, arguing that he was not in actual possession of the liquor and that his prior criminal record should not be the sole basis for arrest. The State opposed, contending that ownership alone imposes liability. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) PLJR 1089, the Court held that anticipatory bail can be granted despite the bar under Section 76(2) if the FIR does not disclose a cognizable offence against the accused. Accordingly, the Court granted anticipatory bail with a set of stringent conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the accused is merely the owner and no offence is made out from the FIR.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 76(2)
  • owner liability
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8482 of 2026
                          Arising Out of PS. Case No.-191 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Saroj Kumar Son of Janardhan Prasad Singh Resident of Village- Thengapur
                 Pipra, Ward No. 12, P.S.- Sikti, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nishant Kumar Sinha, Adv.
                 For the Opposite Party/s :         Mr. Sanjay 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 Sikti P.S. Case No. 191 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

                   motorcycle was intercepted and there is recovery/seizure of 63 liter

                   Nepali liquor recovered/seized. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he being

                   the owner, got implicated only because the petitioner has 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
Patna High Court CR. MISC. No.8482 of 2026(2) dt.17-02-2026
                                            2/3




          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 the

          fact that nothing has been recovered from his conscious possession

          and only because he is the owner, got implicated, 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

          Court of District And Additional Sessions Judge-cum-Exclusive

          Special Excise Judge-II, Araria in connection with Sikti P.S. Case

          No. 191 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
           Patna High Court CR. MISC. No.8482 of 2026(2) dt.17-02-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.