Patna High Court
Vivek RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having only one prior case.
Summary
Vivek Ram was implicated in a case (P.S. Case No. 447 of 2025) for allegedly recovering 509 litres of liquor from a poultry farm, under Section 30(a) of the Bihar Excise Act. The petitioner argued that he was not caught in possession, the recovery was made from a location adjacent to his premises, and the FIR omitted the informant’s name, suggesting false implication. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s criminal antecedents, and if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the allegations under Section 30(a) of the Bihar Excise Act.
- Whether the absence of the informant’s name in the FIR and lack of possession at the time of arrest justify granting anticipatory bail.
- Whether the petitioner’s criminal antecedent (more than one prior case) should affect the confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor recovery
- FIR
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88070 of 2025
Arising Out of PS. Case No.-447 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Vivek Ram S/o Late Ramdeni Ram Resident of Village- Sagar, P.S.- Pipra,
Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 509 liters of liquor from poultry form of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the alleged
recovery was made from a place adjacent to the poultry form, as
such, the petitioner came to be implicated at the instance of
Patna High Court CR. MISC. No.88070 of 2025(2) dt.05-01-2026
2/3
local person, but then the name of the person who disclosed the
name of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
police in order to falsely implicate the petitioner showed the
recovery from the form. It is further submitted that no prudent
person would use his own premises for committing an
occurrence and thus would create evidence against himself and
hence would get implicated.
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.
5,000/- (Rupees Five Thousand) 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 Pipra P.S.
Case No. 447 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
Patna High Court CR. MISC. No.88070 of 2025(2) dt.05-01-2026
3/3
in the event if it is found that petitioner has antecedent of more
than 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 has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…