Patna High Court
Bogi RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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