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Patna High Court

Tej Narayan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where no offence is made out and the petitioner has no antecedent, notwithstanding Section 76(2) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Tej Narayan Singh, sought anticipatory bail after police seized 5.250 litres of foreign liquor from his motorcycle, alleging a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his son and another individual had taken the motorcycle and that he had no prior criminal record. The State opposed, asserting ownership of the motorcycle. The Court, relying on the precedent of Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) when no offence is made out. Consequently, the Court granted anticipatory bail with a set of stringent conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses or evidence.

Issues considered

  • Can anticipatory bail be granted in an excise case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2)?
  • Whether the petitioner is liable for an offence under Section 30(a) based on the facts of seizure.
  • What conditions, if any, should be imposed on the grant of anticipatory bail?

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30471 of 2026
                    Arising Out of PS. Case No.-59 Year-2026 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Tej Narayan Singh S/o- Dadhilal Singh Resident of Village- Rajbanshi Nagar,
                 Bikramganj P.S- Bikramganj District-Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Kant,Adv.
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-05-2026                     Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Excise Case No. 639 of 2026 read with

                   Bikramganj Excise P.S. case no. 59/2026 for the offence under

                   sections 30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the Police intercepted

                   a motorcycle and there is recovery/seizure of 5.250 liter foreign

                   liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   persons apprehended are Rohit Kumar and Suraj Kumar and

                   Rohit Kumar being his son, took away the motorcycle and he

                   being the owner, got implicated. The submission is that the

                   petitioner do not have criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.30471 of 2026(2) dt.13-05-2026
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          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

          owns the motorcycle.

                       7. Taking into account the submissions of the parties

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

          also that recovery/seizure is from amongst other, his son, he 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 Judge, Excise Court

          No.1, Rohtas, Sasaram in connection with Excise Case No. 639
Patna High Court CR. MISC. No.30471 of 2026(2) dt.13-05-2026
                                            3/4




          of 2026 read with Bikramganj Excise P.S. case no. 59/2026

          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(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
           Patna High Court CR. MISC. No.30471 of 2026(2) dt.13-05-2026
                                                       4/4




                     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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