Patna High Court
Raju Kumar @ Raju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the petitioner had no antecedent and no possession, and the FIR did not constitute an offence under the Act.
Summary
The petitioner, Raju Kumar, sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act after police seized liquor from a baswari. He argued that no liquor was found in his conscious possession and he has no criminal antecedent. The prosecution opposed the bail. The court, relying on the precedent of Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not establish an offence. Considering the petitioner’s clean record and lack of possession, the court granted anticipatory bail with several conditions, reserving the right to cancel it if circumstances change.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s lack of criminal antecedent and absence of conscious possession justify granting anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- criminal antecedent
- seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8531 of 2026
Arising Out of PS. Case No.-759 Year-2025 Thana- FATEHPUR District- Gaya
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Raju Kumar @ Raju Yadav S/o- Harinandan Yadav RO Village- Naudiha
Jhurang PS- Fatehpur District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
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 Fatehpur P.S. Case No. 759 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information raided the baswari and recovered/seized 24.750
liters of foreign liquor and 300 liters of country-made mahua.
This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have any criminal antecedent nor anything has been
recovered from his conscious possession rather it is seized from
the baswari.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8531 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.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have any criminal antecedent nor
anything has been recovered from his conscious possession, 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
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.8531 of 2026(2) dt.17-02-2026
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satisfaction of learned Exclusive Special Excise Court No. IV,
Gaya Ji in connection with Fatehpur P.S. Case No. 759 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,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.8531 of 2026(2) dt.17-02-2026
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(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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