Created by Fuzzy Cloud

Patna High Court

Virendra Ram @ Birendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.18542 of 2026(2) dt.08-04-2026
                                            2/3




                   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
            Patna High Court CR. MISC. No.18542 of 2026(2) dt.08-04-2026
                                                        3/3




                              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/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.