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Patna High Court

Sanjay RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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