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Patna High Court

Md. Amim AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted as no offence is made out against the petitioner and he had no possession or antecedent, subject to strict conditions.

Summary

The petitioner, Md Amim Alam, sought anticipatory bail fearing arrest in an excise case (Kishanganj Excise P.S. Case No. 211 of 2024) where liquor was seized from three vehicles, one of which he owned. The police recovered 0.555 ml of foreign liquor from his four‑wheeler, but the petitioner claimed he was not in possession and had no criminal antecedent, the vehicle having been driven by another person. He relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089) which allows anticipatory bail despite the bar under Section 76(2) if no offence is made out. The State opposed, asserting ownership of the vehicle. The Court, considering the lack of possession, clean record, and the cited precedent, granted anticipatory bail with a detailed set of conditions, reserving the right to cancel if the petitioner later shows a criminal antecedent.

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 petitioner can be held liable for the seizure of liquor from a vehicle he owns but was not driving.
  • Whether the absence of possession and criminal antecedent justifies the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • prohibition act
  • seizure of liquor
  • possession
  • criminal antecedent
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21636 of 2026
                     Arising Out of PS. Case No.-211 Year-2024 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Md. Amim Alam S/o- Irfan R/v- Mankol, Po- Jageli Ps- Sri Nagar Dist-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek, Advocate
                 For the Opposite Party/s :         Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   16-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Kishanganj Excise P.S. Case No. 211 of 2024

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

                   Prohibition and Excise Act lodged on 20.02.2024 by the

                   informant, Amar Prasad Kharwar.

                                3. As per the prosecution story, the Police intercepted

                   the following vehicles:

                                         “(i) a motorcycle (bearing no. WB10C4627)

                           and recovered/seized 350 ml of foreign liquor;

                                         (ii) a motorcycle (bearing no. WB72AA1121)

                           and recovered/seized 1.875 liter of foreign liquor and

                           whiskey;

                                         (iii) a Suzuki Desire (bearing no. BR11AX-
Patna High Court CR. MISC. No.21636 of 2026(2) dt.16-04-2026
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                  6675) and recovered/seized 0.555 ml of foreign liquor

                  and whiskey. This led to the FIR.”

                       4. Learned counsel for the petitioner submits that he

          owns the four wheeler and the recovery is 0.555 ml of foreign

          liquor, he do not have any criminal antecedent and the vehicle

          was handed over to Zeeshan Akhtar who was driving it and got

          arrested.

                       5. Further, learned counsel for the petitioner 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 he

          is the owner of the vehicle.

                       7. Taking into account the submissions of the parties

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

          also that nothing has been recovered from his conscious

          possession and he do not have any criminal antecedent, in that
Patna High Court CR. MISC. No.21636 of 2026(2) dt.16-04-2026
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          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

          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 Judge Excise-II,

          Kishanganj in connection with Kishanganj Excise P.S. Case No.

          211 of 2024 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;
          Patna High Court CR. MISC. No.21636 of 2026(2) dt.16-04-2026
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                                 (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)
Adnan/-

U     T


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