Ghuran Ram Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2470 of 2026

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Arising Out of PS. Case No.-245 Year-2025 Thana- RAHIKA District- Madhubani

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

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Ghuran Ram S/o Late Nunu Ram Resident of Village- Rahika Machhari Hatta, Police Station- Rahika, District- Madhubani.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Soban Asghar, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 27-01-2026

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 22.2 litres of liquor from a bush.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner. It is further submitted that petitioner came to be implicated at the instance of the Chawkidar with whom petitioner is on an inimical term. It is next submitted that if the Chawkidar was

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Patna High Court CR. MISC. No.2470 of 2026(2) dt.27-01-2026 2/3

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aware of the involvement of petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, secret information or confessional statement without holding a proper investigation of the case.

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

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Considering the submissions made by the learned counsel for the petitioner, let 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.10,000/- (Rupees Ten 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 Rahika P.S. Case No. 245 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

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It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if

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Patna High Court CR. MISC. No.2470 of 2026(2) dt.27-01-2026 3/3

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it is found that petitioner has antecedent of more than two cases, 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 shall not be confirmed but if it is found on verification that petitioner has antecedent of only two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

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At this stage, learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.2,500/- with the Advocate Association of the Patna High Court.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Ghuran Ram v. The State of Bihar

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Ghuran Ram v. The State of Bihar

Case brief

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