Patna High Court
Ramesh Rai @ Ramesh Yadav @ Ramesh GopversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ramesh Rai, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 600 litres of liquor. He argued that he was not arrested at the spot, no liquor was found in his possession, and the allegation stemmed from a public place disclosed by an unnamed local informant, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s antecedent of six prior Excise cases. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 30,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if more than six prior cases are found, the bail would be revoked; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted in a case under Section 30(a) of the Excise Act where the petitioner has six prior cases.
- Whether the absence of arrest and lack of recovery from the petitioner’s possession affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent influences the validity of the anticipatory bail order.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- criminal antecedent
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38582 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Ramesh Rai @ Ramesh Yadav @ Ramesh Gop Son of Harish Chandra Rai
Resident of Village- Nuruddinganj Ghat Kinare, P.S.- Malsalami, District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of six cases under the Excise Act
and allegation is of recovery of 600 litres of liquor from a place
near bank of Nirudin Ghat.
4. 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 even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.38582 of 2026(2) dt.29-06-2026
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and is accessible to public at large and he came to be implicated
at the instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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.30,000/- (Rupees Thirty Thousand) 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 Malsalami P. S. Case No.156 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.38582 of 2026(2) dt.29-06-2026
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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 more than six cases, then
it would be presumed that petitioner for the purposes of
obtaining 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 has antecedent of six cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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