Ramlawat @ Ramlawar v. The State of Bihar

Patna HC23 Apr 2025CR. MISC./19940/2025

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Excise Act Sections 30(a) and 32(3); Section 482(2) BNSS; Excise P.S. Case No. 1800 of 2024; Muzaffarpur; recovery of 604.80 litres of liquor from truck; vehicle owner implicated; no conscious possession; clean antecedent verification; concealment of antecedent; bail bond Rs. 500 with two sureties; Patna High Court; Justice Satyavrat Verma; decided 23-04-2025.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS and trial-court verification of criminal antecedents (confirmation forthwith if clean antecedent verified; no confirmation if any prior case found). ¶¶18

Ramlawat @ Ramlawar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Excise P.S. Case No. 1800 of 2024 registered for offences under Sections 30(a) and 32(3) of the Bihar Excise Act.

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Court's answer

Provisional anticipatory bail granted: the petitioner, in the event of his arrest or surrender before the learned trial court within six weeks, is to be released on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The learned Trial Court is directed to verify the criminal antecedent of the petitioner after the provisional release.

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Key takeaways

If verification finds the petitioner has antecedent of even one case, it would be presumed that the petitioner had concealed his antecedent for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.ratio¶¶19
If after verification the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶21

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.19940 of 2025 (Justice Satyavrat Verma, oral order dated 23-04-2025): Petitioner Ramlawat @ Ramlawar, resident of Gorakhpur (U.P.) and owner of a truck from which 604.80 litres of liquor was allegedly recovered, sought anticipatory bail apprehending arrest in Excise P.S. Case No. 1800 of 2024, District Muzaffarpur, registered for offences under Sections 30(a) and 32(3) of the Bihar Excise Act. Counsel contended the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated merely as owner of the seized vehicle. Considering these submissions, the Court granted PROVISIONAL anticipatory bail: the petitioner, on arrest or surrender before the learned trial court within six weeks, to be released on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS. The Trial Court was directed to verify the petitioner's criminal antecedents: if antecedent of even one case is found, it would be presumed the petitioner had concealed his antecedent and the provisional order shall not be confirmed; if found to have clean antecedents, the provisional order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19940 of 2025

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Arising Out of PS. Case No.-1800 Year-2024 Thana- Excise P.S. District- Muzaffarpur

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======================================================

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Ramlawat @ Ramlawar S/O Chandrika Niwas R/O Gola Niwas, Gorakhpur, P.S- Gorakhpur, Distt.- Gorakhpur (U.P.).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Upendra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-04-2025

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 604.80 litres of liquor from a truck.

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4. Learned counsel for the petitioner submits that the 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 the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

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Patna High Court CR. MISC. No.19940 of 2025(2) dt.23-04-2025 2/3

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create evidence against himself and hence would get implicated and at the same time would bring disrepute to his business, it is further submitted that petitioner was completely unaware that driver and Khalasi of the vehicle would misuse the vehicle in the manner as alleged.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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. 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 Excise P.S. Case No. 1800 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

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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 even 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

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Patna High Court CR. MISC. No.19940 of 2025(2) dt.23-04-2025 3/3

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confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Ramlawat @ Ramlawar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramlawat @ Ramlawar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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