Patna High Court
Ramesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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