Patna High Court
Shailesh Kumar @ BillaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner subject to conditions, as no conscious possession or criminal antecedent is established.
Summary
Shailesh Kumar was named by a chowkidar as the person responsible for the recovery of 12 litres of foreign liquor seized outside his house in a raid under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, asserting that nothing was found in his conscious possession and that he has no prior criminal record. The State opposed, relying on a Sessions Judge’s order that purportedly indicated a criminal antecedent. The Court, relying on the precedent of Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) if no offence is made out, and found no evidence of possession or antecedent. Consequently, the Court granted anticipatory bail with a set of conditions and warned that the order would become ineffective if a criminal antecedent is later discovered.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether the petitioner has a criminal antecedent that would preclude bail.
- Whether the seizure of liquor outside the petitioner’s house constitutes conscious possession sufficient for an offence.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- criminal antecedent
- conscious possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8507 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- HARNAUT District- Nalanda
======================================================
Shailesh Kumar @ Billa Son of Bhosa Yadav Resident of Village-
Sabnahuadih, P.S.- Harnaut, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Sharma, Adv.
For the Opposite Party/s : Mr. Shailendra 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 Harnaut P.S. Case No. 02 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 outside the house of the petitioner,
there is recovery/seizure of 12 liter foreign liquor. The Mahal
Chowkidar named this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent and nothing has been recovered
from his conscious possession, only because the Mahal
Chowkidar named him, got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8507 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
learned Sessions Judge order shows that he has criminal
antecedent.
7. To this, learned counsel for the petitioner submits
that he has made a categorical submission is paragraph 3 that
the petitioner do not have criminal antecedent and it has been
wrongly observed in learned Sessions Judge order. If it is found
that he has criminal antecedent, the order may become
infructuous, if relief is granted to him.
8. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also the materials on record, nothing has been recovered from
his conscious possession nor he has criminal antecedent, as
submitted, in that background, this Court is inclined to extend
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him the privilege of anticipatory bail with conditions.
9. 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.
10. 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 & Additional Sessions Judge-V-
cum-Special Judge Excise-I, Biharsharif, Nalanda/Court
concerned in connection with Harnaut P.S. Case No. 02 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
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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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