Patna High Court
Ram Lakhan RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
Ram Lakhan Ram applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 64.200 litres of liquor were allegedly recovered from two motorcycles owned by him. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that his son had misused the vehicle without his knowledge. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2). The trial court was instructed to verify the petitioner’s criminal antecedent and to confirm the bail if no prior case is found, or to cancel it if an antecedent is discovered. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Excise Act where he is not in immediate possession of the seized liquor.
- Whether the petitioner’s claim of a clean antecedent suffices for the grant of anticipatory bail.
- What conditions under Section 438(2) of the Cr.P.C. must be imposed on the anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- seizure of liquor
- motor vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42112 of 2026
Arising Out of PS. Case No.-189 Year-2021 Thana- GUTHANI District- Siwan
======================================================
Ram Lakhan Ram Son of Late Ram Narayan Ram Resident of Village -
Sawana, P.O. - Kanhauli, P.S. - Darauli, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 is a person with clean antecedent and allegation is
of recovery of 64.200 litres of liquor from two motorcycles.
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 he came to be
implicated based on the fact that he is owner of one of the
seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
Patna High Court CR. MISC. No.42112 of 2026(2) dt.30-06-2026
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would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his son Sunil would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot along
with Santosh.
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.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
Guthni P. S. Case No.189 of 2021, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
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 even one case, then it
Patna High Court CR. MISC. No.42112 of 2026(2) dt.30-06-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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