Patna High Court
Ramanand SadaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted where the accused has a clean antecedent and lack of direct possession, subject to verification of criminal history.
Summary
The petitioner, Ramanand Sada, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 30 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware that his friend misused the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification of a clean record.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case where the accused is not in immediate possession of the contraband?
- Whether ownership of a vehicle used in the alleged offence suffices to justify arrest without direct evidence against the accused.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81478 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- Excise P.S. District- Araria
======================================================
Ramanand Sada S/o Sattan Sada R/o vill - Rahatmina Nawtoli Kothapur,
ward no. 13, P.S.- Kursakanta, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 30 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 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 would
Patna High Court CR. MISC. No.81478 of 2025(2) dt.23-02-2026
2/3
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
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 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 Araria P.S. Case No. 264 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
Patna High Court CR. MISC. No.81478 of 2025(2) dt.23-02-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.