Patna High Court
Bilat Ram @ Vilat RamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was granted because the alleged liquor was not found in the petitioner’s conscious possession and he has no criminal antecedent.
Summary
Bilat Ram applied for anticipatory bail in an excise case (P.S. No.75 of 2020) under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 5 litres of liquor were recovered from a main road and not from his conscious possession. The petitioner asserted a clean antecedent and argued that no arrest had been made at the spot. The State opposed the bail, contending that the alleged offence warranted detention. The Court noted the absence of any recovery from the petitioner’s physical possession, the open‑space nature of the recovery, and the petitioner’s spotless record. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- The court considered whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged recovery of liquor and the petitioner’s lack of conscious possession.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- liquor recovery
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10756 of 2026
Arising Out of PS. Case No.-75 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Madhepura
======================================================
Bilat Ram @ Vilat Ram S/O Dodai Ram R/O Village- Belahi Ward No. 09,
P.S- Bihariganj, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pooja Prasad, Adv.
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in a case registered for the offences punishable under Sections
30(a) of Bihar Prohibition and Excise Act in connection with
Excise P.S. Case No.75 of 2020.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 05 liters of liquor from main road. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession.
4. The learned APP for the State opposes the
anticipatory bail application.
5. Considering the fact that no recovery has been
Patna High Court CR. MISC. No.10756 of 2026(2) dt.17-02-2026
2/2
made from the conscious physical possession of the petitioner
and also taking into account that it has been recovered from an
open space i.e main road and also given the fact that the
petitioner has no criminal antecedent, this Court is inclined to
grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge,VII-cum-
Special Judge, Excise-II, Madhepura in connection with Excise
P.S. Case No.75 of 2020, subject to the conditions laid down
under Section 438(2) of the Cr.P.C./Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…