Patna High Court
Suraj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence is made out against the petitioner and the bar under Section 76(2) does not preclude relief.
Summary
Suraj Kumar Sah sought anticipatory bail after an FIR was lodged under section 30(a) of the Bihar Prohibition and Excise Act alleging that a motorcycle he owned was used to transport 2.36 litres of foreign liquor, with the driver identified as his brother Jaglal Sah. The petitioner contended that he merely owned the vehicle and had no possession of the liquor, and cited the Full Bench decision in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out. The State opposed the bail, arguing ownership linked the petitioner to the offence. The court, noting the lack of criminal antecedent and no evidence of possession, granted anticipatory bail with stringent conditions regarding sureties, cooperation with investigation, regular appearances, and non‑interference with witnesses. The order directed the petitioner to surrender within four weeks and comply 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).
- Whether the petitioner, as the owner of the motorcycle, can be held liable for the alleged liquor seizure.
- Whether the conditions imposed are appropriate for 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)
- seizure of liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37767 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Suraj Kumar Sah S/o Late Fagu Sah R/o Village- Lauwan Kalan/Lauwa Hata,
P.S.- Baniyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
: Mr. Kumar Shashwat Anand, Advocate
For the State : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mr. Kumar Shashwat Anand, learned counsel
for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Baniyapur P.S. Case No. 404 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 13.09.2025 by the informant, Ashok Pal.
3. As per the prosecution story, the informant alleged
that the Police on secret information intercepted a motorcycle
and there is recovery/seizure of 2.36 liter foreign liquor. Though
the person driving it escaped, his name cropped up as Jaglal
Sah, brother of the petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that he
owns the motorcycle and as such, got implicated in the case, it
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was taken away by his brother Jaglal Sah.
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 the
petitioner owns 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 he do not have criminal antecedent nor anything
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
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satisfaction of learned Additional Sessions Judge-cum-
Exclusive Special Court Excise Act-I, Saran at Chapra in
connection with Baniyapur P.S. Case No. 404 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;
(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
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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)
vinayak/-
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