Patna High Court

Satyam Kumar @ Satyam RamversusThe State Of Bihar

Decided: 30 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Satyam Kumar, feared arrest in a case under Sections 30(a) and 41(i) of the Bihar Excise Act for allegedly recovering 27 litres of liquor from a motorcycle. He contended that he was not caught in possession, was not the owner of the vehicle, and was implicated by a local chowkidar whose name was omitted from the FIR. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than one prior case, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the pending excise case
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9331 of 2026
                  Arising Out of PS. Case No.-104 Year-2025 Thana- PALANWA District- East Champaran
                 ======================================================
                 Satyam Kumar @ Satyam Ram S/O Makhu Ram Resident of village - Siswa,
                 P.S.- Raxaul, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  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

                   41(i) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 27 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 is not the

                   owner of the seized vehicle and he came to be implicated at the

                   instance of local person, but then the name of the person who

                   disclosed the name of the petitioner is not disclosed in the FIR
Patna High Court CR. MISC. No.9331 of 2026(3) dt.30-03-2026
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          which casts an aspersion on the case of the prosecution and he

          came to be implicated at the instance of Chowkidar with whom

          he is on an inimical term.

                       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.

          5000/- (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 Palanwa

          P.S. Case No. 104 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 more

          than 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

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.9331 of 2026(3) dt.30-03-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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