Created by Fuzzy Cloud

Patna High Court

Shailesh Kumar @ BillaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/4




          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
Patna High Court CR. MISC. No.8507 of 2026(2) dt.17-02-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.8507 of 2026(2) dt.17-02-2026
                                                       4/4




                     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.