Patna High Court
Ramayan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to conditions.
Summary
Ramayan Kumar, the owner of a motorcycle from which 16.6 litres of liquor was seized, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had merely lent the motorcycle to Awadesh Paswan and had no involvement with the liquor, which was recovered from Shamsher Ansari. The State opposed his request for anticipatory bail. The High Court, considering his clean antecedent and the circumstances, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., subject to several conditions including surety, presence in court, and verification of criminal antecedent. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case arising from alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether mere ownership of the vehicle from which liquor was recovered suffices to justify denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- ownership of vehicle
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11002 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- RAJPUR District- Buxar
======================================================
Ramayan Kumar S/o- Vijay Prasad Resident of village- Paliya, Ps- Rajpur
Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection
with Rajpur P.S. Case No. 372 of 2025 registered for the
offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution story, the allegation against
the petitioner is that he is the owner of the motorcycle from
which 16.6 liters of liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case only
because he happens to be the owner of the motorcycle. It has
further been submitted that although the petitioner is the
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owner of the motorcycle, he has no concern with the seized
liquor. It has next been submitted that the petitioner had given
his motorcycle to one Awadesh Paswan, and the recovery has
been made from one Shamsher Ansari, who was apprehended
on the spot and on that basis alone the petitioner being the
owner of the motorcycle has falsely been implicated. It has
lastly been submitted that the petitioner carries clean
antecedent.
5. Learned APP for the State has vehemently
opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Rajpur P.S. Case
No. 372 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
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(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates,
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail
bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court
below shall take step for cancellation of bail bond
of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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