Patna High Court
Surendra Dewedi @ Surendra DwivediversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under the Bihar Prohibition and Excise Act is made out against the petitioner.
Summary
Surendra Dewedi, the owner of a motorcycle seized by police with 18 litres of liquor, feared arrest under sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He argued that he had sold the motorcycle to Rakesh Kumar before the seizure and therefore had no possession of the contraband. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) when no offence is established, the court examined the petitioner's alibi and lack of recovered goods. The court concluded that no offence could be made out against the petitioner and granted anticipatory bail with stringent conditions. The order directs the petitioner to furnish a bail bond and comply with attendance, cooperation, and non‑interference requirements.
Issues considered
- Can anticipatory bail be granted despite the bar under Section 76(2) of the Bihar Prohibition and Excise Act when the alleged offence is not established?
- Is the petitioner liable for offences under sections 30(a) and 32 of the Bihar Prohibition and Excise Act given that he sold the motorcycle before its seizure?
- Are the conditions imposed for anticipatory bail appropriate and sufficient to safeguard the investigation?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 32
- section 76(2)
- seizure of liquor
- ownership dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35061 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Surendra Dewedi @ Surendra Dwivedi S/o Jagarnath Dewedi @ Jagannath
Dewedi Resident of Village- Manpur, PO- Rajapur, PS- Kalyanpur, District-
West Champaran PIN 845432
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-05-2026 Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 124 of 2025 for the offence
under sections 30(a) and 32 of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police intercepted a
motorcycle and on search, 18.00 liters of country made and
foreign liquor recovered/seized. This led to the FIR.
4. Learned counsel for the petitioner submits that he
being the owner got implicated, and actually, the motorcycle was
sold on 15.01.2025 to Rakesh Kumar who is named in the FIR.
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)
Patna High Court CR. MISC. No.35061 of 2026(2) dt.20-05-2026
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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
owns the car.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also his alibi and nothing has been recovered from his conscious
possession, 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 satisfaction
of the Court concerned in connection with Excise P.S. Case No.
124 of 2025 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;
Patna High Court CR. MISC. No.35061 of 2026(2) dt.20-05-2026
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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)
Adnan/-
U T
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