Patna High Court
Dhiran ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even though Section 76(2) bars such relief, provided the allegations do not constitute an offence and the accused has no conscious possession or criminal antecedent.
Summary
The petitioner, Dhiran Choudhary, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 10 litres of illicit liquor from his house. He argued that the liquor was part of joint family property, not in his conscious possession, and that he had no prior criminal record. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, he contended that anticipatory bail could be granted despite the bar in Section 76(2) if no offence is made out. The State opposed, emphasizing the recovery from the petitioner’s residence. The Court, considering the precedent and the facts, granted anticipatory bail with stringent conditions, reserving the right to cancel the bail if the petitioner’s antecedents or conduct changed.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the alleged conduct does not constitute an offence?
- Does the fact that the seized liquor is part of joint property and not in the accused’s conscious possession justify granting anticipatory bail?
- Does the absence of a criminal antecedent influence the decision to grant anticipatory bail?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- joint property
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8511 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- KHAIRA District- Jamui
======================================================
Dhiran Choudhary S/o- Durga Choudhary A/P -Village- Amrath PS- Jamui
District- Jamui, Parmanent - Village - Dharampur Mushari Ps- Khaira Dist-
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant 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 Khaira P.S. Case No. 458 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act lodged on 22.10.2025 by the informant, Shivnarayan
Paswan.
3. As per the prosecution story, the Police on secret
information, raided the house of the petitioner and there is
recovery/seizure of 10 liters of country made liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that it is
a joint property, nothing has been recovered from his conscious
possession and he do not have any criminal antecedent.
Patna High Court CR. MISC. No.8511 of 2026(2) dt.17-02-2026
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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 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 the
recovery is from the house of the petitioner.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the recovery is from a joint property, nothing has been
recovered from his conscious possession and he has no criminal
antecedent, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
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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 Excise Court-I, Jamui in
connection with Khaira P.S. Case No. 458 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 shall be appearing before the Police
Station as and when required for cooperating 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,
Patna High Court CR. MISC. No.8511 of 2026(2) dt.17-02-2026
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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)
Adnan/-
U T
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