Patna High Court
SURESH BHAGAT @ SURESH PRASAD CHAURASIYAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no offence under the Act could be made out against the petitioners despite the Section 76(2) bar.
Summary
The petitioners, Suresh Bhagat and Sunil Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged seizure of 426 litres of Nepali liquor from a tempo and a motorcycle. They contended that they neither owned the vehicles nor had any possession of the liquor, and relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar under Section 76(2) if no offence is made out. The State opposed the relief, citing the petitioners' criminal antecedents. The Court, after considering the submissions and the precedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a series of conditions relating to appearance before police and courts, non‑interference with witnesses, and abstention from further offences. The order directed that the bail be effective if the petitioners are arrested or surrender within four weeks of the order.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when the accused do not own the alleged contraband or vehicles.
- Whether the petitioners' criminal antecedents preclude the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15414 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- GHORASAHAN District- East Champaran
======================================================
1. SURESH BHAGAT @ SURESH PRASAD CHAURASIYA S/o Lakshman
Bhagat Resident of village- Lala Tola Laukhan, PS- Ghorasahan, District-
East Champaran
2. Sunil Kumar @ Sunil Bhagat S/o Suresh Bhagat @ Suresh Prasad
Chaurasiya Resident of village- Lala Tola Laukhan, PS- Ghorasahan,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the State : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Ghorasahan P.S. Case No. 05 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 10.01.2026 by the informant, Rajendra Paswan.
3. As per the prosecution story, the informant alleged
that on secret information during the vehicle checking a tempo
and a motorcycle were intercepted and there is recovery/seizure
of 426 liters of Nepali Liquor. This led to the FIR.
4. Learned counsel for the petitioners submit that
neither they own the motorcycle nor the tempo, only because of
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criminal antecedent, implicated.
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
they 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 nothing have been recovered from their conscious
possession nor they own the vehicles, in that background, this
Court is inclined to extend them 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/-
(Ten thousand) each with two sureties of like amount each to the
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satisfaction of learned Exclusive Special Excise Court No.03,
East Champaran at Motihari in connection with Ghorasahan P.S.
Case No. 05 of 2026 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 his bail bond by the Trial Court itself;
(iv) the petitioners 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 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;
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(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 his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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