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Patna High Court

Mahendra RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

Mahendra Ram applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Sections 30(a) and 32(3) of the Excise Act, where 150,400 litres of liquor were allegedly recovered from an e‑rickshaw owned by him. He argued that he had a clean antecedent, was not in possession of the vehicle at the time of seizure, and was unaware of his son’s alleged misuse of the vehicle. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 each with two sureties and deposit Rs.1,500 with the Lawyers’ Association, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, providing the petitioner temporary protection from arrest pending verification.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Sections 30(a) and 32(3) of the Excise Act.
  • Whether ownership of the vehicle from which liquor was recovered, without actual possession, is sufficient to deny anticipatory bail.
  • Whether a clean criminal antecedent is a requisite condition for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • clean antecedent
  • vehicle ownership
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3784 of 2026
                    Arising Out of PS. Case No.-1026 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Mahendra Ram Son of Late Laxman Ram R/o Village - Parasiya, P.S. -
                 Jamhore, Dist. - Aurangabad(Bihar).

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aman Vishal
                 For the Opposite Party/s :        Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                The petitioner seeks bail in anticipation of his arrest in

                   a case registered for the offences punishable under Sections

                   30(a) and 32(3) of the Excise Act.

                                The learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 150.400 litres of liquor from an e-rickshaw.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized e-

                   rickshaw. It is next submitted that no prudent person would use

                   his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.3784 of 2026(2) dt.29-01-2026
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          evidence against himself and hence, would get implicated. It is

          further submitted that petitioner was completely unaware that

          his son Hari Om would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot.

                       Learned      A.P.P.     opposes        the   anticipatory   bail

          application.

                       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.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

          Aurangabad Excise P. S. Case No.1026 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       The application stands allowed.

                       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

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.3784 of 2026(2) dt.29-01-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      At this stage, the learned counsel appearing on behalf

                         of the petitioner based on instruction submits that petitioner

                         undertakes to deposit an amount of Rs.1500/- with Lawyers’

                         Association, Patna High Court, Patna within a period of two

                         weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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