Patna High Court
Ramashankar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Ramashankar Singh, sought anticipatory bail after a case was registered under Sections 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Act for the alleged recovery of 151.2 litres of liquor from his vehicle. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that the vehicle’s ownership implicated the petitioner. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents by the trial court. If a prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
- Whether the ownership of the vehicle used for the alleged offence can be a basis to deny anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (B.N.S.S.) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(i)(ii)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- Bihar Prohibition and Excise Act
- vehicle seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9569 of 2026
Arising Out of PS. Case No.-348 Year-2020 Thana- UJIYARPUR District- Samastipur
======================================================
Ramashankar Singh S/O Late Ramchandra Singh R/O Village- Shekhpur
Ahiyapur, P.S- Ahiyapur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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)(ii) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 151.2 litres of liquor from a car.
4. 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 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.9569 of 2026(2) dt.15-04-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged who also fled from the spot.
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 appearing on behalf of 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 Ujiyarpur P.S. Case
No. 348 of 2020, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, 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
Patna High Court CR. MISC. No.9569 of 2026(2) dt.15-04-2026
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shall not be 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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