Patna High Court
Rajan Ram @ Ranjan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally when the petitioner has a clean antecedent and no conscious possession of the seized liquor, subject to verification of antecedents.
Summary
Petitioner Rajan Ram sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 86.4 litres of liquor from a motorcycle. He argued that he had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated by a hostile chowkidar. The State opposed the bail. The High Court, noting the petitioner’s clean antecedent and lack of direct possession, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal record. The court further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12093 of 2026
Arising Out of PS. Case No.-91 Year-2025 Thana- PIPRASI District- West Champaran
======================================================
Rajan Ram @ Ranjan Ram S/o Parma Ram Resident of Village- Chankuhwa,
PS- Piprasi, Bagaha, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 86.4 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle 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
Patna High Court CR. MISC. No.12093 of 2026(2) dt.26-02-2026
2/3
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise, Bagaha, West Champaran in connection with Piprasi
P.S. Case No.91 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.12093 of 2026(2) dt.26-02-2026
3/3
not be confirmed, but if on verification, 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)
Sanjay/-
U T
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