Patna High Court
Rajkumar Singh @ Bullet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under section 30(a) of the Bihar Prohibition and Excise Act is made out against the petitioners.
Summary
Petitioners Rajkumar Singh and Kishore Singh sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, where police seized 160 litres of illicit liquor from a poultry farm based on a confession by Rohit Kumar. The petitioners contended they did not own the farm, had no possession of the liquor, and relied on a Full Bench decision (Ram Vinay Yadav v. State of Bihar) allowing anticipatory bail despite the statutory bar in Section 76(2) if no offence is established. The State opposed the bail, citing the petitioners' criminal antecedents. The court, after considering the submissions and the precedent, concluded that the seizure was from Rohit Kumar and not from the petitioners’ conscious possession, and therefore granted anticipatory bail with stringent conditions. The order directs that the petitioners be released on bail if arrested within four weeks, subject to bond, sureties, and compliance with multiple procedural conditions.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when no offence is made out?
- Whether the petitioners' alleged involvement constitutes an offence under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor from Rohit Kumar, and not from the petitioners, negates the requirement of conscious possession for bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- seizure
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8556 of 2026
Arising Out of PS. Case No.-484 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
1. Rajkumar Singh @ Bullet Singh S/o- Bircha Singh R/v- Barkagaon, Tola
Pakariyar, PS- Mirganj, District- Gopalganj
2. Kishore Singh @ Rajkishore Singh S/o- Janardhan Singh R/v- Barkagaon,
Tola Pakariyar, PS- Mirganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Mirganj P.S. Case No. 484 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 01.10.2025 by the informant, Santosh Kumar.
3. As per the prosecution story, the Police on secret
information raided the poultry farm and there is
recovery/seizure of 160.00 liters of country made liquor. Rohit
Kumar was arrested and he gave the names of the petitioners.
This led to the FIR.
4. Learned counsel for the petitioners submit that they
do not own the poultry farm, their names have come in the
Patna High Court CR. MISC. No.8556 of 2026(2) dt.17-02-2026
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confessional statement of Rohit Kumar and nothing has been
recovered from their conscious possession.
5. Further, learned counsel for the petitioners 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
both have 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 Rohit Kumar and not from the
conscious possession of these petitioners, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioners 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/-
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(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Court of District and Additional Sessions
Judge-IV -cum- Exclusive Special Excise Court-II, Gopalganj in
connection with Mirganj P.S. Case No. 484 of 2025 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 their bail bond by the Trial Court itself;
(iv) the petitioners shall appear before the concerned
police station every fortnight for six months to mark their
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 petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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