Aftab Alam @ Md. Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21282 of 2026 Arising Out of PS. Case No.-436 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== AFTAB ALAM @ MD. AFTAB ALAM S/O MD ISMAIL R/O Vill.- Shayam Nagar Nima, P.s- Amas, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Excise Sherghati P.S. Case No. 436 of 2025 for the offence under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the FIR, the Police intercepted the motorcycle. One Dhananjay Kumar was apprehended and there is recovery/seizure of 110 liter country made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that though he owned the motorcycle earlier, it was sold to Dhananjay Kumar who was driving the motorcycle. The last submission is that he do not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.21282 of 2026(3) dt.19-05-2026 2/3 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, Mrs. Sucheta Yadav opposes the prayer for bail.
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 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 satisfaction of learned Exclusive Special Excise Judge No. 3, Gaya in connection with Excise Sherghati P.S. Case No. 436 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
Patna High Court CR. MISC. No.21282 of 2026(3) dt.19-05-2026 3/3 document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating 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;
(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) Vijay Singh/- U T