Patna High Court
Mahendra RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3)
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
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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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