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Patna High Court

Ramlagan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties and verification of his antecedent.

Summary

Ramlagan Kumar, the owner of a vehicle from which 25.92 litres of liquor were allegedly recovered, feared arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He argued that he had no conscious possession of the liquor, that his friend misused the vehicle, and that he has a clean criminal record. The State opposed his application for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. If any prior case is discovered, the bail may be withdrawn; otherwise, the provisional order will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act
  • Whether ownership of a vehicle used in the alleged offence suffices to justify arrest without proof of possession
  • Whether a clean criminal antecedent influences the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • vehicle ownership
  • clean antecedent
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14446 of 2026
                    Arising Out of PS. Case No.-929 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Ramlagan Kumar S/o Ramchandra Mahto Resident of Village- Singhwara,
                 P.S.- Singhwara, District- Darbhanga
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25.920 litres of liquor from two different

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.14446 of 2026(2) dt.13-03-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that petitioner

          was completely unaware that his friend would misuse the

          vehicle in the manner as alleged who also fled from the spot.

                       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, let 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 Excise P.S. Case No. 929 of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.14446 of 2026(2) dt.13-03-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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