Patna High Court
Ramakant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Ramakant Kumar, sought anticipatory bail in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that liquor was recovered from a vehicle he owned but that he was not in possession of the liquor at the time of arrest. He argued that he was unaware of the misuse of his vehicle by another person and that ownership alone should not implicate him. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent. The court stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed immediately. The order is conditional and pending verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether ownership of the vehicle used in the alleged offence creates sufficient grounds for arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- criminal antecedent
- Section 438
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26723 of 2026
Arising Out of PS. Case No.-818 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Ramakant Kumar S/o Satyanarayan Singh Resident of Village- Dilsadpur,
P.S.- Dilsadpur, Dist.- Siwan, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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) and
32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 86.4 litres of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.26723 of 2026(2) dt.23-04-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Ravi Kumar would misuse the vehicle
in the manner as alleged who was also apprehended 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 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.5,000/- (Rupees
Five 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 Gopalganj Excise
P.S. Case No. 818 of 2025, 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 one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.26723 of 2026(2) dt.23-04-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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