Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.34986 of 2026, decided 20-05-2026 by Justice Rajiv Roy (oral order). Anticipatory bail under Section 438 Cr.P.C. sought in excise case arising from Brahmpur P.S. Case No. 18 of 2026 (District Buxar) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act; alleged seizure of 9 liters of foreign liquor from a damaged motorcycle owned by petitioner Ranjeet Kumar. Court relied on Full Bench ruling in Ram Vinay Yadav vs. State of Bihar, 2019(2) PLJR 1089, on maintainability despite Section 76(2) bar; bail granted with Rs. 10,000 bond and two sureties, subject to Section 438(2) Cr.P.C. and additional conditions. Keywords: anticipatory bail, excise offence, foreign liquor recovery, Section 76(2) bar, Bihar Prohibition and Excise Act, Buxar.
What did the court decide?
Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the concerned court within four weeks of receipt of the order, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, in connection with Brahmpur P.S. Case No. 18 of 2026 to the satisfaction of the learned Special Judge, Excise Court No. 2, Buxar, subject to Section 438(2) Cr.P.C. conditions and additional conditions (i)-(vi).