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Patna High Court

Md Usman QuraishiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to conditions as the petitioner had no criminal antecedent and the FIR did not establish a prima facie case under section 30(a).

Summary

The petitioner, Md Usman Quraishi, was implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act after police seized 9 litres of illicit liquor from his motorcycle. He claimed the motorcycle was borrowed by Deepak Manjhi for his ailing wife and that he had no criminal antecedent. The State opposed bail, asserting ownership of the vehicle. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the merits. Finding no prior criminal record and insufficient basis to conclude a prima facie offence, the court granted anticipatory bail with stringent conditions. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any condition.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
  • Whether the petitioner is liable for the offence under section 30(a) given the alleged borrowing of the motorcycle.
  • Whether the petitioner’s criminal antecedent, if any, affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • seizure of illicit liquor
  • criminal antecedent
  • bail conditions
  • ownership of vehicle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35066 of 2026
                    Arising Out of PS. Case No.-153 Year-2022 Thana- HATHAURI District- Samastipur
                 ======================================================
                 Md Usman Quraishi S/o Md Ajiz Quraishi Resident of Village- Kasab Tola
                 Rahimabad, P.S.- National Highway Bangra, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :       Mrs. Anita Kumari, 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 Hathauri P.S. Case No. 153 of 2022 for the

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

                   Act.

                                3. As per the prosecution story, the Police while

                   patrolling and on secret information, intercepted a motorcycle

                   and from it, 9 liters of country made liquor recovered/seized.

                   This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   being the owner, got implicated, and actually, it was borrowed

                   by Deepak Manjhi who wanted it for his sick wife and in that

                   background, beside Deepak Manjhi, he also got implicated.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.35066 of 2026(2) dt.20-05-2026
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          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 the

          petitioner is the owner of the motorcycle.

                       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 any criminal antecedent, in

          that background, this Court is inclined to extend him the

          privilege of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, 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
Patna High Court CR. MISC. No.35066 of 2026(2) dt.20-05-2026
                                            3/4




          satisfaction of learned Special Excise-I, Samastipur in

          connection with Hathauri P.S. Case No. 153 of 2022 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 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;
          Patna High Court CR. MISC. No.35066 of 2026(2) dt.20-05-2026
                                                      4/4




                                 (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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