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Patna High Court

Ram Chandra Pandit @ Ramchandra PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to bond, sureties and verification of antecedent under Section 482(2) of the BNSS.

Summary

Ram Chandra Pandit sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 90 litres of liquor from a Maruti Suzuki. He asserted that he had a clean antecedent, was not the owner of the vehicle, and that the watchman (Chowkidar) who implicated him had a hostile relationship with him. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14080 of 2026
                    Arising Out of PS. Case No.-123 Year-2025 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Ram Chandra Pandit @ Ramchandra Pandit Son of Bideshwar Pandit @
                 Videshwar Pandit Resident of village- Vishoul, Ps- Manigachhi, Dist-
                 Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chitransh Raj
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 90 litres of liquor from a Maruti Suzuki.

                             4.    Learned counsel for the petitioner submits that the

                   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 next
Patna High Court CR. MISC. No.14080 of 2026(2) dt.12-03-2026
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          submitted that if Chowkidar was aware about 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 Chowkidar, in order to save the real culprit,

          falsely implicated the petitioner, when petitioner admittedly is a

          person with clean antecedent.

                   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 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 Mannigachhi P.S. Case No. 123 of 2025

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                   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 even one case

          then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.14080 of 2026(2) dt.12-03-2026
                                                          3/3




                        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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