Patna High Court
Sanjay RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent and compliance with the conditions imposed.
Summary
The petitioner, Sanjay Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor and Mahua were seized. He argued that the seized items were not in his possession, the recovery occurred on property not belonging to him, and that a hostile chowkidar falsely implicated him. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a Rs.5,000 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional order will be confirmed. The order is made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in view of the alleged offences under the Bihar Excise Act.
- Whether the FIR is maintainable given the claim of false implication and lack of possession of the seized goods.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- Bihar Excise Act
- false implication
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11543 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Sanjay Ram S/O Shiv Nandan Ram R/O Village- Shitalpur Basti, P.s.-
Dighwara, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 19 liters of liquor along with 1000
liters of Mahua Pass which was destroyed and 10 liters of liquor
along with 500 liters of semi manufactured liquor was also
recovered from a sack and destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.11543 of 2026(2) dt.15-04-2026
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recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is also submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution. It is also submitted that it appears that
the Chowkidar, in order to save the real culprits, falsely
implicated the petitioner since petitioner earlier was implicated
in a case relating to excise in similar manner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5000/- (Rupees 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 Dighwara
P.S. Case No. 424 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.11543 of 2026(2) dt.15-04-2026
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7. 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 more than one
case 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 has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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