Patna High Court

Sandeep Kumar RamversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Sandeep Kumar Ram, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 83.6 litres of liquor from three motorcycles. He was not caught in possession, did not own the motorcycles, and the allegation rests on a confessional statement made by co‑accused Abhinandan while in police custody, which the petitioner argued lacks evidentiary value. The petitioner, a person with a clean antecedent, applied for anticipatory bail. The Court, after hearing both sides, 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 criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether a confessional statement made by a co‑accused in police custody can be the basis for arrest.
Whether the petitioner’s lack of possession and ownership of the seized motorcycles warrants bail.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
bail
Bihar Excise Act
Section 30(a)
confessional statement
police custody
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17889 of 2026
                     Arising Out of PS. Case No.-204 Year-2022 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Sandeep Kumar Ram S/O Late Jhotil Ram R/O Vill./Mohalla- Paharpur-
                 Bhikni Mod, P.S- Gopalpur, Distt.- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shubhesh Pandey
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 83.600 liters of liquor from three different

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized motorcycles and came to be

                   implicated based on confessional statement of Abhinandan in
Patna High Court CR. MISC. No.17889 of 2026(2) dt.19-03-2026
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          police custody which does not have any evidentiary value.

                       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 before the learned Trial Court

          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 Gopalpur

          P.S. Case No. 204 of 2022 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 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
            Patna High Court CR. MISC. No.17889 of 2026(2) dt.19-03-2026
                                                        3/3




                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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