Created by Fuzzy Cloud

Patna High Court

Vinod Raman @ Vinod RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, verification of antecedent and other conditions.

Summary

The petitioner, Vinod Raman, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly concealing 16,500 litres of liquor in a pit at a temporary fodder hut that does not belong to him. He has three prior excise cases and was not arrested at the spot, leading him to seek anticipatory bail. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and a condition that the trial court verify his criminal antecedent. If the verification shows more than three prior cases, the bail may be revoked; otherwise, the provisional order will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Lawyers’ Association of Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4104 of 2026
                    Arising Out of PS. Case No.-1934 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Vinod Raman @ Vinod Ram S/o Raj Balam Ram @ Rajvallabh Ram R/o
                 Village- Bangari, P.S- Panapur Kariyat, Dist- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms.Bela Singh
                 For the Opposite Party/s :         Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               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 the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 16.500 litres of liquor concealed in a

                   pit in a temporary fodder hut of the petitioner.

                             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 even the alleged

                   recovery is from a fodder hut which does not belong to the

                   petitioner, but then police in a mechanical manner implicated
Patna High Court CR. MISC. No.4104 of 2026(2) dt.29-01-2026
                                            2/3




          petitioner based on secret information, which is the easiest way

          to implicate someone. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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.

          15,000/- (Rupees Fifteen 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

          Muzaffarpur Excise P.S. Case No. 1934 of 2025, 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 more

          than three cases then it would be presumed that petitioner, for
              Patna High Court CR. MISC. No.4104 of 2026(2) dt.29-01-2026
                                                          3/3




                        the purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Lawyers’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.