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Patna High Court

Anjani Ram @ Saurabh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Anjani Ram, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 42 litres of liquor from his TVS motorcycle. He argued that he was not arrested on the spot, the liquor was not in his conscious possession, and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the petitioner's clean antecedent and the deficiencies in the FIR, granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and verification of his criminal record within six weeks. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The decision hinged on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the deficiencies in the FIR and lack of conscious possession affect the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • FIR deficiencies

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89504 of 2025
                         Arising Out of PS. Case No.-527 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Anjani Ram @ Saurabh Kumar Son of Sachchida Nand Ram @ Sachita Ram
                 Resident of Village - Kalyanpur, P.S. - Jamui, District - Jamui, Pin Code -
                 811307
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikramadit, Advocate
                 For the Opposite Party/s :        Mr. Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that the

                   defect, as pointed out by the office, stands removed.

                                4. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 42 litres of liquor from a TVS Motorcycle.

                                5. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is owner of the seized vehicle and came to be
Patna High Court CR. MISC. No.89504 of 2025(3) dt.23-02-2026
                                            2/3




          implicated at the instance of the 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.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       7. Considering the submissions made by the learned

          counsel for the petitioner, let 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 Jamui P.S. Case No. 527 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.

                       8. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.89504 of 2025(3) dt.23-02-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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