Patna High Court
Ramjan Ali @ SahilversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied anticipatory bail to the petitioner.
Summary
The petitioner, Ramjan Ali, sought anticipatory bail in connection with a case registered under Section 414 of the IPC and Section 30(a) of the Bihar Excise Act, alleging recovery of liquor and a pistol from a vehicle linked to another accused. He argued that he was not arrested on the spot, no contraband was found in his possession, and his name appeared only in a confessional statement of the co‑accused, which he claimed lacked evidentiary value. The State opposed the bail, contending that the case involved arms possession, the petitioner had prior excise offences, and there was a risk of him absconding. The court considered the State's submissions and the nascent stage of investigation, and concluded that granting anticipatory bail would be inappropriate. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations under IPC Section 414 and Bihar Excise Act Section 30(a).
- Whether the confessional statement of a co‑accused provides sufficient basis to deny anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- IPC Section 414
- Bihar Excise Act Section 30(a)
- confessional statement
- arms possession
- liquor seizure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37273 of 2026
Arising Out of PS. Case No.-161 Year-2024 Thana- BARAULI District- Gopalganj
======================================================
Ramjan Ali @ Sahil Son of Bacha Miyan Resident of Village- Salepur P.S
-Bishambharpur, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in connection
with Barauli P.S. Case No. 161 of 2024, registered for the
offences punishable under Section 414 of the IPC and Section
30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 60.12 litres of liquor from a Scorpio
vehicle and a pistol was seized from possession of Bullet Kumar
@ Vikash Kumar.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.37273 of 2026(2) dt.29-06-2026
2/2
the seized vehicle and his name transpired in the confessional
statement of Bullet Kumar along with other accused in police
custody which does not have any evidentiary value.
5. Learned A.P.P. for the State vehemently opposes
the prayer for anticipatory bail of the petitioner and submits that
it is not a case only under the Excise Act rather allegation is of
recovery of Arms from possession of Bullet and based on
confessional statement of Bullet, the name of the petitioner
transpired and since petitioner has antecedents and the case is in
its nascent stages of investigation hence if privilege of
anticipatory bail is granted to the petitioner, the petitioner may
abscond.
6. Considering the submission made by learned APP,
the Court is not inclined to extend the privilege of anticipatory
bail to the petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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