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Patna High Court

AFTAB ALAM @ MD. AFTAB ALAMversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the FIR did not disclose a cognizable offence and the petitioner had no prior criminal record, notwithstanding the bar under Section 76(2).

Summary

The petitioner, Aftab Alam, sought anticipatory bail in connection with an excise case (PS No. 436 of 2025) alleging offences under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The FIR stemmed from the seizure of 110 litres of country‑made liquor from a motorcycle later sold by the petitioner to Dhananjay Kumar. The petitioner argued he had no criminal antecedent and that the allegations did not constitute an offence under the Act. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The court, noting the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 and several conditions regarding appearance before police and courts, non‑tampering with evidence, and refraining from further offences.

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).
  • Whether the allegations in the FIR disclose a cognizable offence under sections 30(a) and 32(3) of the Act.
  • Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • excise law
  • criminal antecedent
  • bail conditions
  • Section 76(2) bar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21282 of 2026
                  Arising Out of PS. Case No.-436 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 AFTAB ALAM @ MD. AFTAB ALAM S/O MD ISMAIL R/O Vill.- Shayam
                 Nagar Nima, P.s- Amas, Dist.- Gaya.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisu Zzoha, Adv.
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   19-05-2026                   Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Excise Sherghati P.S. Case No. 436 of 2025 for

                   the offence under sections 30(a) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                                3. As per the FIR, the Police intercepted the motorcycle.

                   One     Dhananjay          Kumar   was      apprehended      and    there    is

                   recovery/seizure of 110 liter country made liquor. This led to the

                   FIR.

                                4. Learned counsel for the petitioner submits that

                   though he owned the motorcycle earlier, it was sold to Dhananjay

                   Kumar who was driving the motorcycle. The last submission is

                   that he do not have criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.21282 of 2026(3) dt.19-05-2026
                                            2/3




          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, Mrs. Sucheta Yadav opposes the prayer

          for bail.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner do not have criminal antecedent, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. Let the petitioner 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) with two sureties of like amount each to the satisfaction

          of learned Exclusive Special Excise Judge No. 3, Gaya                    in

          connection with Excise Sherghati P.S. Case No. 436 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
           Patna High Court CR. MISC. No.21282 of 2026(3) dt.19-05-2026
                                                       3/3




                     document to show his/her bona fide;

                                  (ii) the petitioner(s) shall be appearing before the Police

                     Station as and when required for co-operating 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,

                     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)
Vijay Singh/-

U      T


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