Patna High Court
Ram Narayan RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Ram Narayan Ram was named in a police case (Laukaha PS Case No.41 of 2026) for alleged offences under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act after a co‑accused, Santosh Kumar Mandal, was apprehended and identified him in his statement. The petitioner contended that he was not present at the scene, no material was recovered from him, and the only incriminating evidence was the co‑accused’s confession; he also disclosed a prior bail case (Laukaha PS Case No.242 of 2023) for a similar offence. The State opposed anticipatory bail, arguing the prior case showed a pattern. The High Court, after reviewing the record, noted the lack of direct evidence against the petitioner and his prior antecedent, and ordered that he be released on anticipatory bail if arrested within six weeks, subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedent under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted when the only evidence is a co‑accused’s statement and the petitioner has a prior similar case.
- Whether the existence of a prior criminal antecedent under the same statute precludes anticipatory bail.
- Whether bail can be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S., 2023 — s. 274, 275, 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- co‑accused statement
- illegal liquor seizure
- prior criminal antecedent
- Bihar Prohibition and Excise Act
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34059 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- LAUKAHA District- Madhubani
======================================================
Ram Narayan Ram S/o Kailu Ram @ Kailu Mochi R/o Village - Jhanjhari @
Jhajhri, PS - Laukaha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Laukaha P.S. Case No.41 of 2026, for allegedly having
committed offences under Sections 274, 275 and 3(5) of the
B.N.S., 2023 as well as under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to the
effect that on 27.02.2026, he along with police personnel was on
evening patrolling duty. During course of patrolling, the police
team at about 20:30 hours reached the place of occurrence, where
they saw that 6-7 persons were coming from Nepal side carrying
bags on their head. Seeing the police, all the persons managed to
Patna High Court CR. MISC. No.34059 of 2026(2) dt.18-05-2026
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flee away, however one person was apprehended. The
apprehended person disclosed his name as Santosh Kumar Mandal
and he also disclosed the name of the persons who have fled away,
including the petitioner. Total 155.1 litres of illegal liquor was
recovered and a seizure list was also prepared.
4. The learned counsel for the petitioner submits that the
petitioner was not present at the place of occurrence and apart
from the confessional statement made by the co-accused, no one
identified the petitioner. Nothing incriminating has been recovered
from possession of the petitioner and the case of the prosecution is
entirely false and fabricated. He further submits that the petitioner
has got one criminal antecedent bearing Laukaha P.S. Case No.242
of 2023, registered under Section 30(a) of the Excise Act, in which
the petitioner is on bail.
5. The learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the petitioner is
also an accused in a similar nature of case and he does not deserve
the privilege of anticipatory bail.
6. Having heard the learned counsel for the parties and
after going through the records, it appears that the petitioner was
not arrested at the place of occurrence. His name has transpired on
the statement made by co-accused, Santosh Kumar Mandal, who
was apprehended by the police at the place of occurrence and
Patna High Court CR. MISC. No.34059 of 2026(2) dt.18-05-2026
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155.1 litres of illegal liquor was seized from the place of
occurrence. The petitioner has got one antecedent of the similar
nature of case in which he is on bail.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge (Excise), Jhanjharpur, Madhubani in connection
with Laukaha P.S. Case No.41 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found that
the petitioner has concealed his criminal antecedent, the court
concerned shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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