Created by Fuzzy Cloud

Patna High Court

LALMOHAMMAD ANSARI @ LAL MOHAMADversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.31308 of 2026(2) dt.07-05-2026
                                            2/4




          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/-
Patna High Court CR. MISC. No.31308 of 2026(2) dt.07-05-2026
                                            3/4




          (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;
          Patna High Court CR. MISC. No.31308 of 2026(2) dt.07-05-2026
                                                      4/4




                                 (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.