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Patna High Court

Ramesh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding three prior cases.

Summary

The petitioner, Ramesh Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 6.135 litres of liquor from a bush adjacent to his house. He argued that the liquor was not in his conscious possession and that the police relied on secret information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties, subject to verification of the petitioner’s criminal antecedent. It directed that if the verification shows more than three prior cases, the bail would not be confirmed; if only three, the bail would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise Act.
  • Whether the recovery of liquor from a location adjacent to the petitioner’s house constitutes possession sufficient for arrest.
  • Whether the petitioner’s prior criminal antecedent exceeding three cases bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25572 of 2026
                     Arising Out of PS. Case No.-73 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Ramesh Singh Son of Harendra Singh Resident of Village- Kishunpur @
                 Vishunpur Madhuban, P.S.- Kudhani, District- Muzaffarpur
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :         Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016 (Amended 2018-2022).

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 6.135 litres of liquor from a bush

                   behind the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and, hence, he came to be

                   implicated based on the secret information which is the easiest
Patna High Court CR. MISC. No.25572 of 2026(2) dt.21-04-2026
                                            2/3




          way to implicate someone. It is further submitted that once an

          accused is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let 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.15,000/-

          (Rupees Fifteen Thousand) 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 Utpad Thana

          Case No. 73 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than

          three cases, it would be presumed that petitioner had concealed

          his antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.25572 of 2026(2) dt.21-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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