Patna High Court
Ram Babu RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the conditions prescribed under Section 438(2) of the CrPC.
Summary
Ram Babu and Vinay Paswan applied for anticipatory bail fearing arrest under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 201 litres of liquor. They argued that the liquor was seized from a bag not belonging to them and that the only evidence against them was a confessional statement made by a co‑accused, Nandu, while in police custody, which they claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail under Section 438(2) of the Criminal Procedure Code, subject to the petitioners furnishing a bail bond of Rs.5,000 with two sureties and appearing before the trial court within six weeks. The order further directed the trial court to verify the petitioners’ criminal antecedents; if the antecedent checks reveal more cases than disclosed, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) CrPC.
- Whether the confessional statement of a co‑accused made in police custody can be relied upon as evidence.
- What conditions, if any, should be imposed on the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 41(i)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedent
- Section 438 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90548 of 2025
Arising Out of PS. Case No.-301 Year-2025 Thana- ADAPUR District- East Champaran
======================================================
1. Ram Babu Ram Son of Kishori Ram Resident of Village - Murtiya Thakurai
Tola, P.S.-Adapur, District - East Champaran.
2. Vinay Paswan Son of Ramprit Pawan @ Ramrit Paswan Resident of Village
- Shyampur, P.S.-Adapur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a), 32
and 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 201 litres of liquor from a bag.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.90548 of 2025(2) dt.08-01-2026
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petitioners and the petitioners have no concern with the bag and
they came to be implicated based on the confessional statement
of Nandu in police custody which does not have any evidentiary
value in the eye of law.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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) each 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
Adapur P.S. Case No. 301 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent of more than
one case and petitioner no. 2 has antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.90548 of 2025(2) dt.08-01-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 has antecedent of only one case and petitioner
no. 2 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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