Patna High Court
DINANATH RAMversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.
Summary
The petitioner, Dinanath Ram, feared arrest in a case alleging that 25.20 litres of liquor were recovered from a motorcycle, invoking Sections 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Excise Act. He argued that he had no clean antecedent, was not arrested on the spot, did not have possession of the liquor, and was not the owner of the vehicle; the only link to him was a confessional statement made by another person, Sunny, while in police custody, which the petitioner claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent within six weeks. The Court stipulated that if any prior case is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, the bail would be confirmed. The order was made under the inherent powers of the High Court pursuant to Section 482(2).
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the confessional statement of a co-accused, made in police custody, can form a basis for arrest in the absence of possession or ownership.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- clean antecedent
- confessional statement
- excise law
- seizure of liquor
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69940 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
DINANATH RAM Son of Ram Prasad Ram R/o village - Dharharwa, P.S.-
Chiraiya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 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 offences punishable under Section 317(5) of BNS and
Sections 30(a) and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 25.20 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 implicated based on confessional
statement of Sunny in police custody which does not have any
evidentiary value.
Patna High Court CR. MISC. No.69940 of 2025(3) dt.07-01-2026
2/2
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. 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 Ghorasahan P.S. Case No. 194 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 even 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 anticipatory bail order shall not be confirmed,
but after verification if 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)
Sumit/-
U T
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