Patna High Court
Suraj Ram @ Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
- Criminal Procedure Code — s. 438
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
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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
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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
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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)
Adnan/-
U T
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