Patna High Court
Binod Ram @ Binod Kumar Ram @ Vinod RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Binod Ram, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in anticipation of arrest for an alleged offence under Section 30(a) of the Excise Act involving the recovery of 69.6 litres of liquor from a cowshed adjacent to his house. The petitioner argued that the liquor was not found in his possession and that the police relied on secret information and a mechanical confessional statement without proper investigation. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to the conditions of Section 438(2) CrPC. The order also stipulated that the trial court verify the petitioner’s criminal antecedent and confirm the bail if only one prior case is found, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence punishable under Section 30(a) of the Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26790 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- RAJPUR District- Buxar
======================================================
Binod Ram @ Binod Kumar Ram @ Vinod Ram S/O Late Uma Shankar Ram
Resident of village- Paliya, Police Station- Rajpur, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Rai Sharma
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 69.6 litres of liquor from a
cowshed near the house of the petitioner.
4. The 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 alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
Patna High Court CR. MISC. No.26790 of 2026(2) dt.23-04-2026
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implicated based on secret information, which is the easiest way
to implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Rajpur P. S. Case No.101 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.26790 of 2026(2) dt.23-04-2026
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found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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