Patna High Court
Mohan RavidasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner may be released on provisional anticipatory bail subject to conditions and verification of his antecedent.
Summary
Mohan Ravidas, the petitioner, feared arrest in a case registered under Sections 30(a) and 56(b) of the Bihar Excise Act for allegedly possessing 10 litres of liquor in a motorcycle he owned. He argued that the case diary had not been produced despite a court order and that he had a clean antecedent, contending he was not caught in possession and was unaware of any misuse of his vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties and directed the trial court to verify his criminal antecedent. If any prior case is found, the bail would be cancelled; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in the absence of a case diary.
- Whether the lack of immediate possession and the petitioner's clean antecedent justify granting anticipatory bail.
- Whether the trial court must verify the petitioner's antecedent before confirming the provisional bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- case diary
- clean antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11307 of 2026
Arising Out of PS. Case No.-460 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Gaya
======================================================
Mohan Ravidas S/O Late Rambalak Ravidas R/O Village- Emayatpur, P.S.-
Tankuppa, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-03-2026 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 offences punishable under Sections 30(a) and
56(b) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that by
order dated 17-2-2026, case diary was called for, but the same
till date has not been received.
4. The court will not wait endlessly for the case diary.
5. Learned counsel for the petitioner next submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 10 litres of liquor from a motorcycle.
6. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11307 of 2026(3) dt.31-03-2026
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petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Surendra would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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. 500/- (Rupees Five Hundred) 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 Excise Case No. 460 of 2020 subject to the
conditions as laid down under Section 482(2) of the BNSS.
9. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
Patna High Court CR. MISC. No.11307 of 2026(3) dt.31-03-2026
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then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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