Patna High Court
Amarnath RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent cases.
Summary
The petitioner, Amarnath Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 6.8 litres of liquor from his joint family house. He argued that the liquor was not found in his personal possession, the house being a joint family property, and that the only evidence was a confessional statement of his wife made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedent of five prior excise cases. The Court granted provisional anticipatory bail on condition of a Rs.25,000 bond with two sureties, subject to verification of his criminal antecedents. It directed that if more than five prior cases are found, the bail would not be confirmed; if exactly five are found, the bail would be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances presented?
- Does the confessional statement of the petitioner’s wife, made in police custody, have evidentiary value for the offence?
- How should the petitioner’s prior criminal antecedents affect the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- joint family property
- criminal antecedent
- Section 30(a) Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10350 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Amarnath Ram S/o Late Shiv Chand Ram @ Shiv Bachan Ram Resident of
Village- Gorasara, P.S.- Ramgarh, District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Mr. Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 6.8 litres of liquor from house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and the house in question is a joint family property
as such it cannot be alleged with certainty that it was petitioner,
who had kept the liquor in the house or the liquor kept in the
house was within his knowledge and he came to be implicated
Patna High Court CR. MISC. No.10350 of 2026(3) dt.16-03-2026
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based on confessional statement of his wife in police custody
which does not have any evidentiary value. It is next submitted
that petitioner was earlier implicated in cases relating to excise
in similar manner as such police made his wife to confess the
name of the petitioner. It is reiterated and submitted that
confessional statement in police custody which does not have
any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.25,000/- (Rupees twenty five
thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Ramgarh P.S. Case
No.06/2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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five cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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