Patna High Court

Parmanand MaraiyaversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is not maintainable in cases where a prima facie offence under Section 30(a) of the Bihar Prohibition and Excise Act is established, and the application is therefore dismissed.

Summary

The petitioner, Parmanand Maraiya, applied for anticipatory bail after police raided his house and seized 60 litres of illicit liquor, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He claimed the seizure was based on false information from a politically motivated Panchayat ward member and that he had no criminal record. The court examined the seizure list, finding a prima facie case of contravention of the Act. Relying on a Full Bench decision in Criminal Appeal (SJ) No. 431 of 2019, the judge held that anticipatory bail is not maintainable in such circumstances. Consequently, the application for anticipatory bail was rejected, with the court suggesting that the petitioner could surrender within four weeks and seek regular bail from the District Court.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act where illicit liquor has been seized from the petitioner’s premises.
Whether the alleged political motive behind the complaint affects the grant of anticipatory bail.
Whether the Full Bench precedent in Criminal Appeal (SJ) No. 431 of 2019 bars anticipatory bail in such cases.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
prohibition law
excise
seizure of illicit liquor
political vendetta
bail jurisprudence
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24076 of 2026
                        Arising Out of PS. Case No.-36 Year-2026 Thana- BARARI District- Katihar
                 ======================================================
                 Parmanand Maraiya S/o Late Bihari Mistary Resident of Village- Sohra Tola,
                 Jagdishpur, P.S - Barari, District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Musowir
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Barari Police Station Case No. 36 of 2026,

                   disclosing offences under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                   3. As per the prosecution case, on 07.02.2026,

                   police conducted a raid at Sohra Tola, Jagdishpur based on

                   secret information about illegal liquor sale by Parmanand

                   Maraiya/petitioner. The accused fled from the spot. His identity

                   was confirmed by a local ward member. During search of his

                   house, 60 liters of illicit country-made liquor were recovered.

                                   4. Learned Counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.24076 of 2026(2) dt.22-04-2026
                                            2/3




          present case. No recovery of illicit liquor has been made from

          his conscious possession, and the alleged premises does not

          belong to him. Petitioner has been made accused solely on the

          basis of disclosure made by a Panchayat Ward Member, who,

          due to prior and political enmity arising out of the forthcoming

          Panchayat elections, has falsely named the petitioner. Petitioner

          is having no criminal antecedent.

                          5. After having heard learned Counsel for the

          parties and taking into consideration the fact that from seizure

          list it is apparent that illicit liquor has been recovered from the

          house of the petitioner as such prima facie offence under the

          Bihar Prohibition and Excise Act, 2016 is made out and the

          Hon’ble Full Bench of this Court has held that anticipatory bail

          in such cases in not maintainable. Accordingly, in view of the

          law laid down by the Full Bench in Criminal Appeal (SJ) No.

          431 of 2019, I am not inclined to grant the petitioner privilege

          of anticipatory bail.

                          6. However, if the petitioner surrenders within a

          period of four weeks from today and seeks regular bail, the

          concerned District Court may decide the same on the same date

          keeping in view that the petitioner is having no criminal

          antecedent.
           Patna High Court CR. MISC. No.24076 of 2026(2) dt.22-04-2026
                                                       3/3




                                     7. This application is, accordingly, rejected.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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