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Patna High Court

Suraj Prakash PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions, as no offence is made out against him and he has no criminal antecedent.

Summary

The petitioner, Suraj Prakash Pandey, sought anticipatory bail fearing arrest in a case under sections 30(a) and 37 of the Bihar Prohibition and Excise Act after police seized a litre of country-made liquor from a motorcycle owned by his brother, who was arrested. The prosecution alleged the seizure was based on secret information, but the petitioner argued that he had no possession of the liquor and no criminal antecedent. The court relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail in excise matters despite the bar in Section 76(2) if no offence is made out. Considering the lack of direct involvement and the petitioner’s clean record, the court granted anticipatory bail with a set of strict conditions. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any condition.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
  • Is the petitioner liable for the offence when the seized liquor was found in a vehicle owned by his brother?
  • Does the petitioner have any criminal antecedent that would preclude anticipatory bail?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 37
  • section 76(2)
  • seizure of liquor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25863 of 2026
                   Arising Out of PS. Case No.-296 Year-2025 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Suraj Prakash Pandey Son of Late Tarkeshwar Pandey @ Tarakeshwar
                 Pandey Resident of Village- Kalyani, P.S.- Suryapura, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Bikaramganj P.S. Case No. 296 of 2025 for the

                   offence under sections 30(a) and 37 of the Bihar Prohibition and

                   Excise Act lodged on 08.12.2025 by the informant, Sanjula

                   Kumari.

                                3. As per the prosecution story, on secret information,

                   the Police intercepted the motorcycle and from it, there is

                   recovery/seizure of 1 liter of country-made liquor. The brother

                   of the petitioner was arrested from the spot and the motorcycle

                   being owned by him, his name has come in the FIR.

                                4. Learned counsel for the petitioner submits that

                   admittedly, the brother stands arrested with the liquor and his

                   name has come due to being the owner of the motorcycle.
Patna High Court CR. MISC. No.25863 of 2026(2) dt.22-04-2026
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                       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.

                       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 and

          nothing has been recovered from his conscious possession, in

          that 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/-
Patna High Court CR. MISC. No.25863 of 2026(2) dt.22-04-2026
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          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Special Judge, Excise Court-I, Rohtas at

          Sasaram in connection with Bikaramganj P.S. Case No. 296 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

          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;

                       (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
          Patna High Court CR. MISC. No.25863 of 2026(2) dt.22-04-2026
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                    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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