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Patna High Court

Vikash RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

Vikash Ram sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 108 litres of liquor were allegedly recovered from a motorcycle. He argued he was not caught in possession, was not the vehicle's owner, and was implicated by a local informant without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and a deposit of Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle warrants bail.
  • Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • criminal antecedent
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6428 of 2026
                      Arising Out of PS. Case No.-293 Year-2025 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Vikash Ram Son of Chotelal Ram @ Chhotelal Ram R/o Village - Semaria @
                 Semariya, P.S. - Nautan, Dist. - Siwan, State - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priya Raj, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 108 liters of liquor from a

                   motorcycle.

                                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 is not the

                   owner of the seized vehicle and he came to be implicated at the

                   instance of local person, but then it is submitted that once an
Patna High Court CR. MISC. No.6428 of 2026(2) dt.04-02-2026
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          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.

                       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.

          5,000/- (Rupees Five Thousand) 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 Hathua

          P.S. Case No. 293 of 2025 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 more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.6428 of 2026(2) dt.04-02-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, 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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