Patna High Court
Ramvinay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting provisional bail subject to bond, sureties, and verification of antecedent.
Summary
Ramvinay Kumar applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 427.140 litres of liquor from a vehicle he did not own. The petitioner argued that he was not arrested at the spot, the seized liquor was not in his conscious possession, and the case was based solely on a confessional statement made by Jubed Ali while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, but the court considered the petitioner's clean antecedent claim, noting a prior single case under the Excise Act. The court granted provisional anticipatory bail subject to a Rs.5,000 bond with two sureties, verification of the petitioner’s criminal antecedent, and a further deposit of Rs.2,500 to the High Court Legal Services Committee. The order stipulated that if more than one antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the confessional statement of Jubed Ali made in police custody is admissible as evidence.
- Whether the petitioner’s antecedent of a prior case affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- confession in custody
- criminal antecedent
- bail bond
- section 30(a)
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6179 of 2026
Arising Out of PS. Case No.-337 Year-2023 Thana- PHULWARIYA District- Gopalganj
======================================================
Ramvinay Kumar Son of Akhilanand Yadav Resident of Village- Karariya
Jagir Machhar Ganwan Bazar, P.S.- Kotwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 (Amendment) Act, 2018.
3. Inadvertently at para-3, it has been pleaded that
petitioner is a person with clean antecedent when he has
antecedent of one case under the Excise Act, as submitted by
Mr. Madhurendra Kumar, learned counsel for the petitioner.
4. Learned counsel for the petitioner submits that
allegation is of recovery of 427.140 litres of liquor from a car. It
is next submitted that petitioner was not arrested from the spot,
as such, nothing was recovered from his conscious possession
and is not the owner of the seized vehicle and he came to be
Patna High Court CR. MISC. No.6179 of 2026(2) dt.04-02-2026
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implicated based on confessional statement of Jubed Ali in
police custody, which does not have any evidentiary value. It is
next 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.
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.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Additional
District & Sessions Judge-II-cum-Special Excise Court No.-01,
Gopalganj in connection with Fulwaria P.S. Case No.337 of
2023, 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
Patna High Court CR. MISC. No.6179 of 2026(2) dt.04-02-2026
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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 more than one case, then
it 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 has antecedent of only one case, 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.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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