Patna High Court
Anil Parajapati @ Anil PrajapativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under section 482(2) of the BNSS.
Summary
The petitioner, Anil Parajapati, sought anticipatory bail in connection with a case registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016, alleging that liquor was recovered from his semi‑constructed house. He argued that the FIR was vague, the recovered liquor could have been planted as the house was an open place, and he had no prior criminal record, thus invoking section 76(2) of the Excise Act. The State accepted the recovery facts but did not contest the open‑house argument. The Court, after considering these submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.20,000 with two sureties and comply with conditions under section 482(2) of the BNSS. The order was made subject to the petitioner appearing within six weeks if arrested or surrendering.
Issues considered
- What is the applicability of anticipatory bail under the Bihar Prohibition & Excise Act, 2016 in the present facts?
- Whether the FIR is sufficiently specific to sustain prosecution under section 30(a) of the Excise Act.
- Whether the open nature of the semi‑constructed house creates a reasonable doubt of the petitioner’s involvement, justifying bail.
- Whether section 76(2) of the Excise Act bars the grant of anticipatory bail in this case.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- FIR vagueness
- bail bond
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9121 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Anil Parajapati @ Anil Prajapati, Son of Gorakh Prajapati, Resident of village
- Kukurbhukha, P.S.- Bhore, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Bhore P.S. Case No. 452 of 2025 dated
06.09.2025 registered for the offence punishable under section
30(a) of the Bihar Prohibition & Excise Act, 2016 (in short
‘Excise Act’).
3. The main submissions advanced by petitioner’s
counsel are that as per the prosecution, the alleged liquor was
recovered from the semi-constructed house of the petitioner and
upon seeing the police party, one person managed to escape,
whose identity was disclosed by the assembled local people, as
per the informant; however, in the entire FIR the names of those
assembled people were not disclosed and in this regard, the FIR
is completely vague and further, the petitioner’s semi-
Patna High Court CR. MISC. No.9121 of 2026(2) dt.17-02-2026
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constructed house was an open place at the time of recovery and
accessible to everyone, so, there was a great possibility of
plantation of the alleged liquor in his house or his house might
have been misused by someone. It is lastly submitted that the
petitioner bears no criminal antecedent and his past history is
completely clean and he has not remained involved in any kind
of offence relating to the Excise Act, hence, the alleged offence
punishable under the Excise Act, under which the FIR has been
registered, does not attract even prima facie against the
petitioner, so, his prayer for anticipatory bail is not hit by the
provisions of section 76(2) of the Excise Act.
4. Learned APP appearing for the State has opposed
the prayer of the petitioner but fairly accepts that the recovery of
the alleged liquor was made from the semi-constructed house of
the petitioner, which is an open place and accessible to
everyone.
5. In the facts and circumstances of this case as well
as considering the submissions as stated above, coupled with the
pleas of the petitioner, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, be
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released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Bhore P.S. Case No. 452 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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