Patna High Court
Tej Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
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
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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
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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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