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Patna High Court

Parmanand @ Parmanand PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.38776 of 2026(2) dt.17-06-2026
                                            3/4




          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;
            Patna High Court CR. MISC. No.38776 of 2026(2) dt.17-06-2026
                                                        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)
vinayak/-

U      T


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