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Patna High Court

Harinarayan RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Harinarayan Ram, was implicated in a case alleging recovery of 55 litres of liquor from the bank of the Tilave river, invoking Sections 274 and 275 of the Bihar Non‑Objection Statute (BNS) and Section 30(a) of the Bihar Excise Act. He contended that he had no prior criminal record, that the alleged liquor was recovered from a public place not under his control, and that the complaint was motivated by personal enmity with a chowkidar. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • public place
  • clean antecedent
  • Bihar Excise Act
  • BNS sections 274 and 275
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15312 of 2026
                      Arising Out of PS. Case No.-507 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
                 ======================================================
                 Harinarayan Ram S/O Raghuvar Ram R/O Village- Bahuwari, Tola- Balua,
                 Post- Sakrar, P.S- Ramgharwa, Distt.- East Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sumit Kumar Gupta
                 For the Opposite Party/s :      Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026               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 274 and

                   275 of BNS and 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 55 litres of liquor from bank of Tilave river.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.15312 of 2026(2) dt.16-03-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. It is next submitted that if the 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, 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 Ramgharwa P.S. Case No. 507 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.15312 of 2026(2) dt.16-03-2026
                                                          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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