Patna High Court
Ruman AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent.
Summary
The petitioner, Ruman Ali, applied for anticipatory bail after the police seized 160 litres of liquor and two vehicles in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was recovered from a location adjacent to his property, not from his possession, and that he was unaware of any wrongdoing, emphasizing his clean criminal record. The State opposed the bail, arguing that the seizure of his vehicle implicated him. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere ownership of a vehicle found near the alleged incident suffices to deny anticipatory bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27187 of 2026
Arising Out of PS. Case No.-506 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Ruman Ali S/O Abbas Ali R/O village- Patipul, P.O and P.S- Digha, District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 160 litres of liquor from a place near the bathan of
the petitioner and two vehicles were seized.
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 bathan and he came to be implicated
based on the fact that he is owner of one of the seized vehicles.
Patna High Court CR. MISC. No.27187 of 2026(2) dt.24-04-2026
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It is further submitted that no prudent person would use his own
vehicle for committing an occurrence and, thus, would create
evidence against himself and, hence, would get implicated. It is
next submitted that petitioner was completely unaware that the
police in mechanical manner would implicate without holding a
proper investigation of the case knowing that bathan of the
petitioner was near the place of occurrence as his vehicle was
parked. It is reiterated and submitted that petitioner 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 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.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 Lalganj P.S. Case
No. 506 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
Patna High Court CR. MISC. No.27187 of 2026(2) dt.24-04-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even 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
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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