Patna High Court
Anjani Ram @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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