Patna High Court
Krishna RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
Krishna Ram, the owner of a motorcycle from which 20 litres of liquor was seized, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act. He argued that he had no knowledge of the liquor being in the vehicle and that he was not caught in possession, emphasizing his clean criminal record. The State opposed the bail. The Court considered that ownership of the vehicle alone does not constitute participation in the offence and, given the petitioner’s lack of antecedent, granted provisional anticipatory bail subject to a bail bond and sureties, and conditioned the order on verification of his criminal record within six weeks. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37941 of 2026
Arising Out of PS. Case No.-513 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
Krishna Ram Son of Vasudev Ram Resident of Village-Bhargawa Semra, PO-
Semra, PS-Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Raj, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 20 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.37941 of 2026(2) dt.17-06-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Rabesh would misuse the vehicle in the manner as alleged who
was also apprehended from the spot.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
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 Sugauli
P.S. Case No. 513 of 2024 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.37941 of 2026(2) dt.17-06-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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