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Patna High Court

Suraj Ram @ Suraj PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted where the seizure was from an open place and no offence under the Bihar Prohibition and Excise Act is made out, notwithstanding the bar in Section 76(2).

Summary

The petitioner, Suraj Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, arising from the seizure of 30 litres of country‑made mahua from an open place near the Sone river. The prosecution alleged that the petitioner was one of the persons who escaped after the police raid, relying on the informant’s statement. The petitioner contended that the seizure from an open area and his lack of direct involvement meant no offence was made out, 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) of the Act when no offence is established. The State opposed bail citing the petitioner’s criminal antecedents. The Court, after considering the submissions and the precedent, granted anticipatory bail with a set of conditions including bond, sureties, regular appearances before police and court, and non‑interference with witnesses. The order directed that the petitioner be released on bail if arrested or surrendered within four weeks, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) of the Act.
  • Whether the facts of seizure from an open place and lack of a prima facie offence justify granting anticipatory bail.
  • Whether the petitioner’s criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 76(2)
  • criminal antecedent
  • seizure from open place
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31316 of 2026
                       Arising Out of PS. Case No.-76 Year-2026 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Suraj Ram @ Suraj Paswan S/o Krishna Ram @ Krishna Paswan Resident of
                 Village- Hariharganj, ward No. 9, P.S.- Nasriganj, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Siddharth Harsh, Advocate
                                                   Ms. Nandini, Advocate
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                   Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Nasriganj P.S. Case No. 76 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution story, the informant

                   alleged that on secret information, the Police reached near

                   Sone river and while those present managed to escape, the

                   chowkidar named him as one of the person who escaped.

                   There is recovery/seizure of 30 liters country made mahua

                   kept in the plastic jar behind the bushes. This led to the FIR.

                                 4. Learned counsel for the petitioner submits that a

                   perusal of the FIR would show that recovery/seizure is from
Patna High Court CR. MISC. No.31316 of 2026(2) dt.07-05-2026
                                            2/4




          an open place and only because of criminal antecedent, he has

          been implicated in the case.

                       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 submitting that

          he has criminal antecedents.

                       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 and open place, 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
Patna High Court CR. MISC. No.31316 of 2026(2) dt.07-05-2026
                                            3/4




          satisfaction of Court concerned in connection with Nasriganj

          P.S. Case No. 76 of 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 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 one year 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.31316 of 2026(2) dt.07-05-2026
                                                      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)
Adnan/-

U     T


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