Patna High Court
LALMOHAMMAD ANSARI @ LAL MOHAMADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no material was recovered from the petitioners and the FIR did not establish an offence, notwithstanding the Section 76(2) bar.
Summary
The petitioners, Lal Mohammad Ansari and Mukesh Kumar, sought anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, based on an FIR that named them solely on the testimony of an arrested accomplice and with no seizure of contraband from their possession. The prosecution highlighted their criminal antecedents, while the petitioners argued that no material was found on them and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The Court examined the submissions, noted the absence of any recovered goods from the petitioners, and applied the precedent to extend anticipatory bail with stringent conditions. The bail order required a bond, sureties, regular appearances before police and the trial court, and prohibitions against tampering with evidence or committing further offences. Consequently, the petitioners were granted anticipatory bail subject to these conditions.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when no offence is established from the FIR.
- Whether the petitioners' criminal antecedent precludes the grant of anticipatory bail.
- Whether the allegations in the FIR constitute an offence under section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- criminal antecedent
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31308 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
Rohtas
======================================================
1. LALMOHAMMAD ANSARI @ LAL MOHAMAD S/o Sallaudden Ansari
@ Salahudeen Ansari R/o vill - Gangauli, P.S.- Dalmianagar, Distt.- Rohtas
2. Mukesh Kumar @ Bhanda S/o Bipin Chandrabanshi @ Bipin Ram R/o vill -
Gangauli, P.S.- Dalmianagar, Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Dalmianagar P.S. Case No. 51 of 2026 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, reached the place and while one Pintu was taken
into custody, other accused managed to escape. There is
recovery/seizure of 60 liters of mahua and the arrested persons
gave the name of accused, the petitioners included. This led to
the FIR.
4. Learned counsel for the petitioners submit that
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nothing has been recovered from their conscious possession and
only because of criminal antecedent, they have been named by
the arrested person in the presence of Police.
5. Further, learned counsel for the petitioners 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
they have criminal antecedent.
7. 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 their conscious
possession, in that background, this Court is inclined to extend
them the privilege of anticipatory bail with conditions.
8. Let the petitioners 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/-
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(Ten thousand) each with two sureties of like amount each to the
satisfaction of concerned Court in connection with Dalmianagar
P.S. Case No. 51 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioners 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 petitioners shall appear before the concerned
police station every fortnight for six months to mark their
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 petitioners 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;
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(vi) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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