Patna High Court
Ramesh Sah @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner's antecedent.
Summary
The petitioner, Ramesh Sah, applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging that 5.79 litres of liquor were recovered from a motorcycle registered in his wife's name. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware that his friend misused the vehicle. The State opposed the bail, contending that the vehicle's registration linked the petitioner to the offence. The Court, considering the submissions, 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 antecedent. It further directed that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed upon verification of his clean record.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act.
- Whether registration of the vehicle in the petitioner's wife's name suffices to implicate the petitioner.
- Whether the provisional bail order conditioned on verification of antecedent is lawful.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- vehicle registration
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19222 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- Jai Bajrang District- East Champaran
======================================================
Ramesh Sah @ Ramesh Kumar S/O Ram Sogarat Sah Resident of Vill-
Parshauni, Dewajeet, P.S.- Jaibajrang, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sitesh Kashyap, Advocate
Mr. Vikas Kumar, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner, Sri Vikas
Kumar 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 5.79 litres of liquor from a motorcycle.
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 he came to be
implicated based on the fact that the seized vehicle is registered
in the name of his wife, but inadvertently the same could not be
Patna High Court CR. MISC. No.19222 of 2026(2) dt.26-03-2026
2/3
pleaded in the anticipatory bail application. It is next submitted
that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated, it is further
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged, who also
fled from the spot after parking the vehicle outside the house.
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 Jai Bajrang P.S. Case No. 77 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
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.19222 of 2026(2) dt.26-03-2026
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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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