Created by Fuzzy Cloud

Patna High Court

Bogi RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Bogi Ram, applied for anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 40 litres of liquor. He argued he has a clean antecedent, the alleged liquor was not in his possession, and the FIR omitted the informant's name, casting doubt on the prosecution. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, verification of the petitioner’s criminal antecedent, and a further deposit of Rs.1500 with the Lawyers’ Association. If any antecedent is discovered, the bail will be revoked; otherwise, it will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed, including bail bond, sureties, and verification of antecedent, are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • provisional bail
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.603 of 2026
                     Arising Out of PS. Case No.-664 Year-2024 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Bogi Ram S/o- Sujit Ram R/O- Nala Road Ambedkar bhawan Ps-
                 Kadamkuna Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh No. I, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from two different places in

                   Ambedkar Nagar. 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 is accessible to

                   public at large and he came to be implicated at the instance of

                   local person but then name of the person, who disclosed the
Patna High Court CR. MISC. No.603 of 2026(2) dt.30-01-2026
                                            2/3




          name of the petitioner, is not disclosed in the FIR, which casts

          an aspersion on the case of the prosecution, when petitioner

          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Judge,

          Excise, 2nd, Patna in connection with Kadamkuan P.S. Case

          No.664 of 2024, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond 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

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.603 of 2026(2) dt.30-01-2026
                                                           3/3




                         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.

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

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

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.