Patna High Court
Vinod Raman @ Vinod RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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
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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
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