Arbind Pahariya v. The State of Bihar

Patna HC22 Dec 2025CR. MISC./88074/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted; Bihar Prohibition and Excise Act S.30(a) offence; Section 76(2) bar bypassed per Full Bench precedent Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089; 64 litres country liquor seized behind poultry farm, Antichak PS Case 113/2025, Bhagalpur; open-place recovery, no criminal antecedents; bail bond Rs. 10,000/- plus two sureties; Addl. Sessions Judge-IX Bhagalpur; five conditions incl. six-month monthly police attendance; Patna High Court, Rajiv Roy J, 22-12-2025.

What did the court decide?

Anticipatory bail granted to all three petitioners in connection with Antichak P.S. Case No. 113 of 2025 — release on arrest or surrender within four weeks on a Rs. 10,000/- bail bond with two like-amount sureties to the Additional Sessions Judge-IX, Bhagalpur, subject to five bail conditions. ¶¶22

Arbind Pahariya Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶22

Issue for consideration

Whether the three petitioners, apprehending arrest in Antichak P.S. Case No. 113 of 2025 (offence under sections 30(a), Bihar Prohibition and Excise Act), are entitled to anticipatory bail despite the statutory bar under Section 76(2) of the Bihar Excise and Prohibition Act.

¶¶19

Court's answer

This Court extended the privilege of anticipatory bail to the petitioners, taking into account the submissions of the parties, the judgment in Ram Vinay Yadav (supra), the fact that the recovery/seizure was from an open place, and that the petitioners have no criminal antecedent.

¶¶21

Ratio / Principle

The petitioners are to be released on bail in the event of arrest or surrender within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each before the learned Additional Sessions Judge-IX, Bhagalpur, subject to five enumerated conditions (one bailor a family member/relative with bona fide official document; appearance on every Trial Court date with cancellation after two consecutive unexplained absences; monthly police-station attendance for six months with certificate thereafter; no inducement/threat/tampering with witnesses or evidence; desistance from further offences).

¶¶24

Detailed headnote1 paragraphs

PATNA HIGH COURT — CR. MISC. No.88074 of 2025 (decided 22-12-2025) — Rajiv Roy, J. Three petitioners (Arbind, Arun and Bijya/Bijna Pahariya) apprehending arrest in Antichak (Bhagalpur) P.S. Case No. 113 of 2025, FIR lodged 19.10.2025 by informant Dharmnath Rai for offence under sections 30(a) of the Bihar Prohibition and Excise Act after seizure of 64 litres of country-made liquor from behind a poultry farm, were granted anticipatory bail. Reliance was placed on the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, under which an anticipatory-bail application in an Excise and Prohibition Act case can be maintained despite the bar under Section 76(2) where no offence is made out on the FIR allegations. Grant rested on recovery from an open place (not conscious possession) and absence of criminal antecedents. Bail bond Rs. 10,000/- with two like-amount sureties before Additional Sessions Judge-IX, Bhagalpur, with conditions including monthly police-station reporting for six months.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88074 of 2025

¶2

Arising Out of PS. Case No.-113 Year-2025 Thana- ANTICHAK District- Bhagalpur

¶3

======================================================

¶4

Arbind Pahariya S/O Gopal Pahariya Resident of village-Kutubpur Pahariya Tola situated at Chandani Chowk, Police Station-Anti Chak, DistrictBhagalpur.

¶5

Arun Pahariya S/O Gopal Pahariya. Resident of village-Kutubpur Pahariya Tola situated at Chandani Chowk, Police Station-Anti Chak, DistrictBhagalpur.

¶6

Bijya Pahariya @ Bijna Pahariya Son of Laxmi Pahariya. Resident of village-Kutubpur Pahariya Tola situated at Chandani Chowk, Police StationAnti Chak, District-Bhagalpur.

¶7

... ... petitioners/s

¶8

Versus

¶9

The State of Bihar

¶10

... ... Opposite Party/s

¶11

====================================================== Appearance : For the petitioners/s : Mr. Dr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

¶12

ORAL ORDER

¶13

2 22-12-2025 Heard the parties.

¶14

The petitioners are apprehending their arrest in connection with Antichak P.S. Case No. 113 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 19.10.2025 by the informant, Dharmnath Rai.

¶15

As per the prosecution story, the Police on secret information, recovered/seized 64 liter country made liquor behind the poultry farm, the Chowkidar named this petitioner. Accordingly, the FIR.

¶16

It is the case of the petitioner that nothing has been

¶17

Patna High Court CR. MISC. No.88074 of 2025(2) dt.22-12-2025 2/4

¶18

recovered from their conscious possession rather from an open place, only because the Chowkidar named, implicated. Further, none have criminal antecedent.

¶19

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.

¶20

Learned APP opposes the prayer submitting that Chowkidar has named him.

¶21

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 an open place, they do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.

¶22

Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the

¶23

Patna High Court CR. MISC. No.88074 of 2025(2) dt.22-12-2025 3/4

¶24

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 Additional Sessions Judge-IX, Bhagalpur in connection with Antichak P.S. Case No. 113 of 2025 subject to the following conditions:

¶25

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show their bona fide;

¶26

(ii) 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;

¶27

(iii) the petitioners shall appear before the concerned police station every month 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;

¶28

(iv) the petitioners 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;

¶29

(v) the petitioners shall desist from committing any

¶30

Patna High Court CR. MISC. No.88074 of 2025(2) dt.22-12-2025 4/4

¶31

criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

¶32

(Rajiv Roy, J)

¶33

Vijay Singh/-

¶34

U T

Arbind Pahariya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Arbind Pahariya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Yamuna Singh Vs Mr. Dipak Kumar Singh, The Additional Chief Secretary, Department of Revenue and Land Reforms

Kasturi Kuer Vs The State of Bihar through the Principal Secretary, Revenue Department

Anshuraj Ranjan Vs The State of Bihar

Bageshwar Ram Vs The State of Bihar

Babul Singh @ Babul Kumar Singh Vs The State of Bihar

Rajnish Ram Vs The State of Bihar