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Patna High Court

Ramesh Pasi @ Ramesh Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Ramesh Pasi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from public areas with no direct possession. He argued that the alleged recovery occurred at locations not owned by him and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11337 of 2026
                   Arising Out of PS. Case No.-452 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Ramesh Pasi @ Ramesh Kumar Chaudhary Son of Bhagrashan Rai R/O
                 Village - Balua Tola Pratappur, P.S.- Manjhagarh, Dist. - Gopalganj.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-02-2026                  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 two cases under the Excise Act and

                   allegation is of recovery of 18 litres of liquor from a place near

                   Gandak river and 2 litres of liquor behind the house of Paras. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and even alleged recovery is from a place which does not

                   belong to the petitioner and is accessible to public at large and

                   he has no concern or relation with Paras and he came to be
Patna High Court CR. MISC. No.11337 of 2026(2) dt.24-02-2026
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          implicated at the instance of chowkidar but then it is submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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 before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten 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

          Manjhagarh P.S. Case No.452/2025, 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

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.11337 of 2026(2) dt.24-02-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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