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Patna High Court

Amarnath RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.10350 of 2026(3) dt.16-03-2026
                                                         3/3




                       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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