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Patna High Court

Ramdeo RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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