Patna High Court
Sikendar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Sikendar Ram, was implicated in a case involving the seizure of 729 litres of liquor from four motorcycles, alleged under Sections 274, 275 and 3(5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He applied for anticipatory bail, arguing that he had a clean antecedent and that he was not in possession of the liquor, merely the owner of one of the seized vehicles. The State opposed the bail. The High Court, invoking Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on the condition of a bail bond, sureties, and verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be withdrawn; otherwise, it would be confirmed. The petitioner also undertook to deposit a further amount with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged liquor seizure under the cited statutes.
- Whether ownership of a vehicle used in the alleged offence suffices to justify denial of anticipatory bail.
- Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 274, 275, 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- motor vehicle ownership
- criminal antecedent
- Section 482
- provisional bail
- Bihar excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89867 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- DEODHA District- Madhubani
======================================================
Sikendar Ram S/o Biltu Ram R/o vill - Sara Mohamad, P.O.- Sara Mohanpur,
P.s.- Sadar, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shabina Talat, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274, 275 and 3(5) of
B.N.S., 2023 as well as Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 729 litres of liquor from four motorcycles. It is next
submitted that petitioner was not arrested 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 one
of the seized motorcycles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.89867 of 2025(2) dt.30-01-2026
2/3
and thus, would create evidence against himself and hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Chhotu Kumar would misuse the
vehicle in the manner as alleged, who was also apprehended
from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge Excise, Madhubani in connection with Deodha P.S. Case
No.59 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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
Patna High Court CR. MISC. No.89867 of 2025(2) dt.30-01-2026
3/3
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…