Patna High Court
Teni Dom @ Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted in a Bihar Prohibition and Excise Act case if the FIR does not disclose a cognizable offence, notwithstanding the bar under Section 76(2).
Summary
The petitioner, Teni Dom @ Badal Kumar, sought anticipatory bail fearing arrest in a case (PS Alamganj Case No. 358/26) under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 89 litres of country‑made liquor. The prosecution alleged the seizure was based on secret information, while the petitioner argued the FIR did not disclose a cognizable offence and he had no prior criminal record. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not establish an offence, the court examined the merits. The court noted the petitioner’s clean antecedent and the precedent, and consequently granted anticipatory bail with stringent conditions, including surety, regular appearances before police and courts, and non‑interference with witnesses. The order remains conditional and will be vacated if the petitioner later shows a criminal antecedent or violates any condition.
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).
- Whether the allegations in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.
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
- seizure of liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31361 of 2026
Arising Out of PS. Case No.-358 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Teni Dom @ Badal Kumar S/o Kallu Ram R/o Meena Bazar Dom Khana,
P.S.- Alamganj, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection with
Alamganj P.S. Case no. 358/26 for the offence registered under
sections 30(a) of Bihar Prohibition and Excise, Patna City, Distt.-
Patna.
3. As per the prosecution story, on secret information, the
Police raided the place and near the bushes, there is recovery/seizure
of 89 liter country made liquor. 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 the bushes and
further, he do not have criminal antecedent.
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
Patna High Court CR. MISC. No.31361 of 2026(2) dt.13-05-2026
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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 the
locals gave his name.
7. Taking into account the submissions of the parties and
the judgment in the case of Ram Vinay Yadav (supra), as also that
the petitioner do not have criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory bail
with conditions.
8. If it is found that the petitioner has criminal antecedent,
the present order shall become infructuous.
9. 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 Spl. Court of Excise, Patna City, Patna in connection with
Alamganj P.S. Case no. 358/26 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;
Patna High Court CR. MISC. No.31361 of 2026(2) dt.13-05-2026
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(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
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/Sanny Patel
U T
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