Patna High Court
Raja Ram @ Omprakash RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Raja Ram, applied for anticipatory bail under Section 438 of the CrPC in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor from a field adjacent to his house and from another house. He argued that he was not arrested, no liquor was found in his possession, and that the complaint was motivated by an inimical watchman. The State opposed the bail. The Court considered the lack of arrest, the nature of the alleged offence, and the petitioner’s criminal antecedent, which was limited to one prior case. It directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 5,000 with two sureties, subject to verification of his antecedents. The order further provided that if more than one antecedent is found, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of a single prior case affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- liquor seizure
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1569 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- Vasudeva District- Buxar
======================================================
Raja Ram @ Omprakash Ram S/O Bhuar Ram @ Buvar Ram Resident of
Village- Atimi, PS- Vasudeva, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 09 litres of liquor from a field beside the house of
the petitioner and 25 litres of liquor from the house of Lalan
Bind.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.1569 of 2026(2) dt.21-01-2026
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petitioner, but then, is adjacent to his house and he has no
concern or relation with Lalan and he came to be implicated at
the instance of Chaukidar with whom he is on an inimical term.
It is further submitted that if Chaukidar was aware of the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (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 Vasudeva P. S. Case No.97 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.1569 of 2026(2) dt.21-01-2026
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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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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