Patna High Court
Arvind Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted in offences under the Bihar Prohibition and Excise Act where the allegations do not constitute an offence and the petitioner has no criminal antecedent, notwithstanding the bar under Section 76(2).
Summary
Arvind Kumar Singh, owner of a truck seized with 276.48 litres of foreign liquor, sought anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act. He argued he had no criminal antecedent and the truck was being driven by a driver, not him. The State contended that ownership could not absolve him from liability. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the Court granted anticipatory bail with stringent conditions, including sureties, regular appearances, and non‑interference with witnesses. The order remains subject to revocation if a criminal antecedent is later discovered.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Whether the owner of a vehicle implicated in a liquor seizure can be exonerated from criminal liability.
- Whether lack of criminal antecedent and absence of conscious possession justify anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- criminal antecedent
- foreign liquor seizure
- vehicle owner liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8677 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- EXCISE MADHUBAN District- East
Champaran
======================================================
Arvind Kumar Singh S/o Laxminarayan Singh Resident of Village- Sakhauli
Ahirauliya, P.S.- Ahirauli, District- Kushinagar, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar, Advocate
For the Opposite Party/s : Mr. Manoj 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 Excise Madhuban P.S. Case No. 98 of 2025 for
the offence under section 30(a) of the Bihar Prohibition and
Excise Act lodged on 17.05.2025 by the informant, Sujeet
Kumar.
3. As per the prosecution story, the Police intercepted
a truck and there is recovery/seizure of 276.480 liters of foreign
liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have any criminal antecedent, the truck belongs to him
but it was being driven by the driver, got implicated.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8677 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 he
being the owner cannot exonerate himself from the
responsibility.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have any criminal antecedent and nothing 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
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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 Special Excise Judge-2, East
Champaran, Motihari in connection with Excise Madhuban P.S.
Case No. 98 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,
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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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