Patna High Court
Ramakant SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted where the petitioner is not in conscious possession of the contraband and has a clean antecedent, subject to verification and conditions under Section 482(2) of the BNSS.
Summary
Ramakant Sharma was implicated in an excise case for the alleged recovery of 36 litres of liquor from a motorcycle he owned, though the liquor was not found in his conscious possession and he was not arrested at the spot. He pleaded that he had a clean antecedent and was unaware that a friend misused his vehicle. The petitioner sought anticipatory bail under the Bihar Excise Act offences and Section 482(2) of the BNSS. The Court examined the lack of direct possession, the petitioner’s clean record, and the principle that ownership of a vehicle does not automatically imply participation in the offence. It granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to a person accused under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Excise Act when the alleged contraband was not in his conscious possession.
- Whether ownership of the vehicle used in the alleged offence creates a presumption of guilt sufficient to deny anticipatory bail.
- Whether the High Court may impose conditions under Section 482(2) of the BNSS while granting provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- provisional bail
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22316 of 2026
Arising Out of PS. Case No.-725 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Ramakant Sharma S/o Sitaram Sharma R/o Village- Tajpur Sakaldiha, P.S.-
Sakaldiha, District- Chandauli (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Renuka Ratnakar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 30(a),
32(1), 32(3), 41(1) and 41(2) 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 36 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 he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
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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.
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 Excise (Bhabua) P.S. Case No. 725 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
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
Patna High Court CR. MISC. No.22316 of 2026(2) dt.08-04-2026
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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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