Patna High Court
Rameshwar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Rameshwar Sah, owner of a truck, was implicated in the seizure of 2,356.720 liters of liquor from his vehicle in a case under the Bihar Excise Act. He argued that he had a clean antecedent, was not caught with the liquor, and that the driver acted without his knowledge. The State opposed his request for anticipatory bail. The court considered the petitioner’s lack of direct possession, his clean record, and the possibility of the driver’s connivance, and granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his antecedent. The order also required the petitioner to deposit Rs.2,500 with the Advocates’ Association within two weeks. The provisional bail will be confirmed if the trial court finds no prior criminal record, otherwise it will be set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether the petitioner’s alleged ownership of the vehicle and lack of direct possession justify granting bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- seizure of liquor
- vehicle owner liability
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5109 of 2026
Arising Out of PS. Case No.-205 Year-2021 Thana- BYPASS District- Patna
======================================================
Rameshwar Sah S/o- Late Mishri Sah R/v- Kasba Aahar Ps- Tajpur Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Malendu, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Sections 30(a),
32(1), 32(3), 41(1) and 42(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2356.720 liters of liquor from a truck, Scorpio
vehicle, pick up vehicle and a car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.5109 of 2026(2) dt.02-02-2026
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vehicle for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business, it is also
submitted that petitioner was completely unaware that his driver
in connivance would misuse the vehicle in the manner as
alleged who also fled from the spot.
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.
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 Bypass
P.S. Case No. 205 of 2021 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 even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.5109 of 2026(2) dt.02-02-2026
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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 is a person with clean
antecedent 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, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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