Patna High Court
Ramdeo RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties and verification of antecedents.
Summary
Ramdeo Ram, the owner of an auto from which 261 litres of liquor were allegedly recovered, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he had a clean antecedent, was not in possession of the liquor, and that the vehicle was misused by others without his knowledge. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond and two sureties, subject to verification of the petitioner’s criminal antecedents, invoking Section 482(2) of the Criminal Procedure Code. The order directs that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether mere ownership of the vehicle used for the alleged offence precludes the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 482(2)
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69042 of 2025
Arising Out of PS. Case No.-224 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Purnia
======================================================
Ramdeo Ram S/o Late Mithu Ram R/o Vill- Mali, P.S.- Beldaur, Distt-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 07-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 261 litres of liquor from an auto. It is next
submitted that petitioner was not arrested 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 vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.69042 of 2025(4) dt.07-01-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Rohit would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Ashutosh.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 C-01
Case No.224/2020, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.69042 of 2025(4) dt.07-01-2026
3/3
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.
(Satyavrat Verma, J)
amit/-
U T
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