Patna High Court
Sakendra Singh @ Shavendra Kumar @ Sabindra Kumar @ Shivendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted notwithstanding the bar under Section 76(2) where the FIR does not disclose a cognizable offence under the Bihar Prohibition and Excise Act.
Summary
The petitioner, Sakendra Singh, sought anticipatory bail fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act after a raid recovered 32 litres of country-made liquor allegedly from the house of Dhiraj Kumar. The prosecution alleged the seizure constituted an offence, while the petitioner argued the recovery was unrelated to him and cited a prior judgment allowing anticipatory bail despite the bar in Section 76(2) of the Act. The court examined the precedent of Ram Vinay Yadav v. State of Bihar and noted that no offence was made out on the basis of the FIR. Considering the petitioner’s willingness to appear in court and cooperate, the court granted anticipatory bail with stringent conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with attendance and conduct requirements.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the seizure of liquor from another person's house constitute an offence against the petitioner under section 30(a)?
- What conditions are appropriate for granting anticipatory bail in such circumstances?
Subjects
- anticipatory bail
- excise law
- prohibition law
- section 30(a)
- section 76(2)
- Bihar Prohibition and Excise Act
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8495 of 2026
Arising Out of PS. Case No.-784 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Sakendra Singh @ Shavendra Kumar @ Sabindra Kumar @ Shivendra
Kumar Son of Rameshwar Singh R/o Vill. - Jarang Rampur, P.S. and Dist. -
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 Vaishali (Belsar O.P.) P.S. Case No. 784 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,
the place was raided and from the plastic gallon, there is
recovery/seizure of 32 liter country made liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that the
recovery/seizure is from the house of Dhiraj Kumar who was
also arrested, only due to enmity, he has been named.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8495 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 he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that recovery/seizure is from the house of Dhiraj Kumar, he
has undertaken to diligently appear in trial, 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 District and Additional Sessions Judge-
cum-Special Judge, Exclusive Special Excise Court No. II,
Patna High Court CR. MISC. No.8495 of 2026(2) dt.17-02-2026
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Vaishali at Hajipur in connection with Vaishali (Belsar O.P.)
P.S. Case No. 784 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;
(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
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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
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