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Patna High Court

Ramdev RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedents.

Summary

The petitioner, Ramdev Ram, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 25 litres of liquor recovered from the house of a person named Bharat. He asserted that he had no possession of the liquor, no relationship with Bharat, and that the complaint was motivated by an inimical chowkidar. The petitioner sought anticipatory bail, arguing his clean antecedent and lack of direct involvement, while the State opposed the relief. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. 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 the case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40643 of 2026
                  Arising Out of PS. Case No.-856 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Ramdev Ram S/o- Late Moti Chand Ram Resident of vill- Mishri Tola Mehta
                 Tola PS- Harsidhi District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from house of Bharat. It is next

                   submitted 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 and petitioner has no concern or relation with Bharat

                   and he came to be implicated at the instance of chowkidar with

                   whom he is on an inimical term. It is also submitted that if
Patna High Court CR. MISC. No.40643 of 2026(2) dt.24-06-2026
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          chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Harsidhi P.S. Case No.856/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.40643 of 2026(2) dt.24-06-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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