Patna High Court
Ram Awadhesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.
Summary
Ram Awadhesh Singh applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 20 litres of liquor from his motorcycle. The petitioner argued he had a clean antecedent and was not in possession of the liquor, asserting that ownership of the vehicle alone should not implicate him. The State opposed the bail, contending the seriousness of the offence. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act
- Whether ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail
- Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22146 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna
======================================================
Ram Awadhesh Singh S/o Late Ram Pravesh Singh R/o Village - Sabalpur,
Behra, P.S - Udwant Nagar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mickey Singh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 20 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
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 he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.22146 of 2026(2) dt.07-04-2026
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create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Gorakh Chaudhary would misuse the vehicle in
the manner as alleged as he was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Amhara P. S. Case No.19 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
Patna High Court CR. MISC. No.22146 of 2026(2) dt.07-04-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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