Patna High Court
Suraj RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Suraj Ram, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 5 litres of liquor from a hut not owned by him. He argued that he has a clean antecedent, the liquor was not found in his possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner is found to have a clean record, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS for an alleged offence under Section 30(a) of the Bihar Excise Act.
- Whether the absence of recovered liquor in the petitioner’s possession and his clean antecedent justify the grant of anticipatory bail.
- Whether the provisional bail should be made conditional upon verification of the petitioner’s criminal antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23720 of 2026
Arising Out of PS. Case No.-441 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Suraj Ram Son of Lakhan Ram R/O- Ramadhar Gali, P.S.- Jakkanpur, Distt.-
Patna. Living at New Karbigahiya Road, P.S. - Jakkanpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 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 litres of liquor from the hut of Ramjee Rai.
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 even the alleged
recovery is from a hut which does not belong to the petitioner
and petitioner has no concern of relation with Ramjee and he
came to be implicated at the instance of local people, but then
Patna High Court CR. MISC. No.23720 of 2026(2) dt.09-04-2026
2/3
the name of the person, who disclosed the name of the
petitioner, is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on secret information and is a person with
clean antecedent.
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 Jakkanpur P.S. Case No. 441 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.23720 of 2026(2) dt.09-04-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…