Patna High Court
Binod RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted under Section 482(2) of the BNSS, subject to verification of the petitioner’s antecedent, and can be confirmed if no prior criminal record is found.
Summary
The petitioner, Binod Ram, was implicated in a case under Sections 30(a) and 47 of the Bihar Excise Act for the alleged recovery of 0.72 litres of liquor from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that a third party, Suraj, misused his vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent. If any prior case is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence is sufficient to implicate the petitioner.
- Whether the court may condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- ownership of vehicle
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88085 of 2025
Arising Out of PS. Case No.-679 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Binod Ram S/O Hiralal Ram R/O Village- Vidurati Hata, P.S.- Siwan mufasil,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, 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 Sections 30(a) and
47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of .72 liters of liquor from a motorcycle.
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 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.88085 of 2025(2) dt.05-01-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Suraj would misuse the vehicle in the manner as alleged
who was also apprehended 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 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 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 Siwan
Excise P.S. Case No. 679 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
Patna High Court CR. MISC. No.88085 of 2025(2) dt.05-01-2026
3/3
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)
Rishabh/-
U T
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