Patna High Court
Virendra Ram @ Birendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Virendra Ram, applied for anticipatory bail in a case where police recovered 10 litres of illicit mahua liquor from a motorcycle and alleged that he, along with two others, was involved in the offence under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016. The police’s FIR was based on information from a co-accused who named the petitioner, although the motorcycle did not belong to him. The petitioner contended that he was falsely implicated and had no connection to the seized liquor. The Court considered the fact that the petitioner’s name was supplied by the arrested co-accused and that he did not own the vehicle, and found no sufficient ground to deny bail. Consequently, the Court granted anticipatory bail, directing that the petitioner be released on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC despite the FIR naming him based on a co-accused’s statement.
- Whether the petitioner can be held liable under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016 given he does not own the motorcycle from which liquor was recovered.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 37
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- illicit liquor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18542 of 2026
Arising Out of PS. Case No.-532 Year-2022 Thana- KOILWAR District- Bhojpur
======================================================
Virendra Ram @ Birendra Ram S/o Bhartari Ram Resident of Village -
Chainpura, Police Station - Koilwar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Koilwar Police Station Case No. 532 of 2022, dated
18.08.2022, disclosing offence under Sections 30(a)/37 of
the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that three persons
were coming on a motorcycle with illicit liquor, reached
near Chainpura and saw three persons coming on a
motorcycle. The police signaled them to stop, but the
persons, after leaving the motorcycle, started fleeing
away, but the police apprehended one of them while the
other two persons succeeded in fleeing away. The
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apprehended person disclosed his name as Amar Kumar
and also disclosed the name of the persons who fled away
as the petitioner and Degree Kushwaha. On search of the
motorcycle, the police recovered 10 litres of illicit
country-made mahua liquor.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case on the disclosure of his name by the arrested co-
accused person. He further submits that the petitioner has
got no concern with the illicit liquor recovered inasmuch
as the motorcycle, in question, does not belong to the
petitioner.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the name of the petitioner has been disclosed by
the arrested co-accused person and the motorcycle, from
which illicit liquor has been recovered, does not belong to
the petitioner, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
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released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court No. 2, Bhojpur, at Ara, in connection with Koilwar
Police Station Case No. 532 of 2022, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure, 1973.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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