Patna High Court
Parmanand @ Parmanand PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted where the petitioner has no antecedent, does not own the seized premises or vehicle, and no offence is made out, notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Act.
Summary
Parmanand Prasad applied for anticipatory bail after an FIR was lodged under several provisions of the Bihar Prohibition and Excise Act alleging possession of illicit liquor. He asserted that he has no criminal record, does not own the premises or the tempo from which the liquor was seized, and that the allegations stem from personal enmity. The State opposed the bail, relying on the petitioner’s name appearing in the raid report. The Court, relying on the precedent of Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar under Section 76(2) if no offence is made out. Considering the petitioner’s lack of antecedent and ownership, the Court granted anticipatory bail with a set of stringent conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses.
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’s lack of ownership of the seized items and clean antecedent preclude the making out of an offence.
- What conditions, if any, should be imposed on the grant of anticipatory bail in such excise matters?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d), 32, 36, 41, 56(b), 62, 76(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 76(2)
- criminal antecedent
- bail conditions
- enquiry and investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38776 of 2026
Arising Out of PS. Case No.-1317 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Parmanand @ Parmanand Prasad S/o Baiju Prasad R/o Village- Baratpur, PS-
Didarganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parmeshwar Vishwakarma, Advocate
For the State : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise Patna P.S. Case No. 1317 of 2026
registered for the offence under Sections 30(a), 30(d), 32, 36,
41, 56(b) and 62 of the Bihar Prohibition and Excise Act, lodged
on 25.02.2026 by the informant, Vijay Kumar.
3. As per the prosecution story, the informant alleged
that the Police on secret information raided the place and there
is recovery/seizure of 40 liters ‘Susham’ (kind of solution), 10
liters caramel, empty bottles from a tempo and 270 ml foreign
liquor from a room, the name of the petitioner cropped up. This
led to the FIR.
4. Learned counsel for the petitioner submits that he
has no criminal antecedent, he do not own either the house or
Patna High Court CR. MISC. No.38776 of 2026(2) dt.17-06-2026
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the tempo and only due to enmity, implicated.
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 his
name cropped up during the raid.
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 own either the house nor the tempo and has
no criminal antecedent, 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 Special Excise Judge-III, Patna in
connection with Excise Patna P.S. Case No. 1317 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 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;
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(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/-
U T
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