Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents, and stipulated that the order will be confirmed only if no prior criminal record is found.
Summary
Ramesh Kumar, a resident of Muzaffarpur, feared arrest in a case involving alleged offences under several IPC sections and the Bihar Prohibition and Excise Act. He argued that he had a clean antecedent, was not in possession of the seized liquor, and was implicated only because his mobile number was stored in the phone of a co‑accused who was apprehended. The State opposed his request for anticipatory bail. The Court, after 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 criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the only link to the alleged excise offence is the petitioner’s mobile number saved in a co‑accused’s phone.
- Whether the presence of the mobile number constitutes sufficient ground for arrest under the IPC and Bihar Prohibition and Excise Act.
- Whether the trial court may condition provisional anticipatory bail on verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(i), 32(ii), 36, 41(i)
- B.N.S.S. — s. 482
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- anticipatory bail
- excise offence
- mobile phone evidence
- clean antecedent
- provisional bail
- Section 482
- Indian Penal Code
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19705 of 2026
Arising Out of PS. Case No.-813 Year-2022 Thana- KANTI District- Muzaffarpur
======================================================
Ramesh Kumar Son of Late Rambrich Singh R/O Vill.- Chandanpatti,
Sarmastpur, P.S.- Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 Sections 420, 468,
467, 471, 34 of the IPC and Sections 30(a), 32(i), 32(ii), 36,
41(i) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2385 litres of liquor from a container. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized container and he came to be implicated
based on the fact that his mobile number was saved in the
mobile of co-accused, who was apprehended. It is further
Patna High Court CR. MISC. No.19705 of 2026(2) dt.17-04-2026
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submitted that merely because mobile number of the petitioner
was saved in the mobile of an accused that in itself is not
enough for implicating the petitioner in a case relating to excise
when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Kanti P.S. Case No.813/2022, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.19705 of 2026(2) dt.17-04-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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