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Patna High Court

Vivek RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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