Patna High Court
Ramratan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Ramratan Prasad Singh, was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for the alleged recovery of 292.320 litres of liquor from a Bolero pickup that he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that the vehicle was misused by another person, Amarnath. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bail bond and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 41(1) of the Bihar Excise Act.
- Whether the absence of arrest at the spot and lack of conscious possession justify granting anticipatory bail.
- Whether provisional anticipatory bail pending verification of criminal antecedent is permissible under Section 482(2) of the BNSS.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(1)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 41(1)
- Section 482(2)
- seizure of liquor
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38418 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Ramratan Prasad Singh S/o Harshdev Prasad Singh Resident of village -
Dhruvgama, P.S- Kalyanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 292.320 litres of liquor from a Bolero pickup
vehicle.
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 he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.38418 of 2026(2) dt.18-06-2026
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vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Amarnath 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 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 Dumariyaghat P.S. Case No. 24 of 2026 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
Patna High Court CR. MISC. No.38418 of 2026(2) dt.18-06-2026
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Court, as such, the provisional 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)
Sumit/-
U T
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