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Patna High Court

Sanjay RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Sanjay Ram, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 1.5 litres of liquor from his motorcycle. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that ownership of the vehicle alone should not create liability. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The court stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act where the accused claims lack of conscious possession and a clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • possession
  • clean antecedent
  • provisional bail
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87553 of 2025
                 Arising Out of PS. Case No.-919 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Sanjay Ram S/O Bachchu Ram R/O Village- New Atwarpur, P.S- Parsa Bazar,
                 Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Shankar Sinha
                 For the Opposite Party/s :     Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 1.5 litres of liquor from a motorcycle.

                                4. The learned counsel for the petitioner submits 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

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.87553 of 2025(3) dt.20-01-2026
                                            2/3




          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Raja would misuse the vehicle in the manner as

          alleged as he was also apprehended at the spot along with

          Abhimanyu and Suraj.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Ram Krishna Nagar P. S. Case No.919 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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
               Patna High Court CR. MISC. No.87553 of 2025(3) dt.20-01-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)
vikash/-

U          T


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