Patna High Court
Surendra Singh @ Surendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite Section 76(2) if the allegations do not constitute an offence, subject to appropriate conditions.
Summary
Surendra Singh was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for the alleged seizure of 234.72 litres of foreign liquor. He applied for anticipatory bail, contending that he neither owned nor drove the vehicle involved and offered to deposit Rs.10,000 with the District Legal Services Authority. The State opposed the bail on the ground of the petitioner’s criminal antecedent. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail may be granted despite the bar in Section 76(2) if no offence is made out. The court therefore granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and a series of attendance and conduct conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar in Section 76(2)?
- Does the petitioner’s criminal antecedent preclude the grant of anticipatory bail?
- Are the conditions imposed on the anticipatory bail order lawful and appropriate?
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- Section 76(2)
- Section 438 CrPC
- criminal antecedent
- bail conditions
- foreign liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25487 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- Tilak Rai Ka Hata District- Buxar
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Surendra Singh @ Surendra Kumar Singh S/o- Ram Dular Singh @ Ramdula
singh R/v- Chhotaka Rajpur Ps- Tilak Rai Ke Hata Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard Mr.Dr.Kamal Deo Sharma, learned counsel
for the petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Tilak Rai Ke Hata P.S. Case No. 17 of 2026 instituted
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2018 lodged on 15.02.2026 by the informant,
Md. Aftab Alam.
3. As per the prosecution story, the informant alleged
that during patrolling duty, on secret information, a four wheeler
was intercepted and there is recovery/seizure of 234.72 liters of
foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
neither he owns the vehicle nor was driving it but only because
of criminal antecedent, he has been named. Last submission is
irrespective of the outcome of the present case and/or accepting
the allegation, the petitioner intends to contribute Rs.10,000/- to
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the District Legal Services Authority, Buxar for purchase of
flower pots in the Civil Court, Buxar through Demand Draft
issued by the local branch of the State Bank of India.
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 the
petitioner has criminal antecedent.
7. Learned counsel for the petitioner submits that he is
ready to put in his attendance for every day for next one month
before the concerned police station and if it is found that he is
indulged in any criminal activity in future, the State can take
steps for cancellation of present bail bond, if he is granted relief.
8. 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
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possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail subject to payment of
Rs.10,000/- to the District Legal Services Authority, Buxar for
purchase of flower pots in the Civil Court, Buxar through
Demand Draft issued by the local branch of the State Bank of
India.
9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court 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
the like amount each in connection with Tilak Rai Ke Hata P.S.
Case No. 17 of 2026 to the satisfaction of learned Exclusive
Special Judge, Excise Court No.2, Buxar subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) 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;
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(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 day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of 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.
10. Let a copy of this order be communicated to the
learned Principal District and Sessions Judge, Buxar for his
perusal and needful.
(Rajiv Roy, J)
Ravi/-
U T
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