Allowed¶23

Ram Babu Ram v. The State of Bihar

Patna HC8 Jan 2026CR. MISC./90548/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition and Excise Act, 2016; Sections 30(a), 32, 41(i); Adapur P.S. Case No. 301 of 2025; East Champaran; recovery of 201 litres of liquor; confessional statement of Nandu in police custody; provisional anticipatory bail; Rs. 5,000 bail bonds with two sureties; Section 438(2) Cr.P.C. conditions; verification of criminal antecedents; concealment of antecedents; Justice Satyavrat Verma; Patna High Court; CRIMINAL MISCELLANEOUS No.90548 of 2025; decided 08-01-2026.

What did the court decide?

Provisional anticipatory bail: petitioners to be released on bail bonds of Rs. 5,000/- each with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on the trial court's verification of criminal antecedents. ¶23

Ram Babu Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who apprehend arrest in Adapur P.S. Case No. 301 of 2025 registered for offences punishable under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016, should be granted anticipatory bail.

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Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioners are to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., in connection with Adapur P.S. Case No. 301 of 2025.

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Ratio / Principle

The learned trial court shall verify the criminal antecedents of the petitioners; if petitioner no. 1 is found to have antecedent of more than one case and petitioner no. 2 of even one case, it would be presumed that they concealed their antecedents before this Court at para 3 of the anticipatory bail application, and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification shows that petitioner no. 1 has antecedent of only one case and petitioner no. 2 is a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶26

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court grants provisional anticipatory bail to two accused in Adapur P.S. Case No. 301 of 2025 registered under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2016 (alleged recovery of 201 litres of liquor from a bag); release on bail bonds of Rs. 5,000/- each with two sureties of the like amount, upon arrest or surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions; confirmation made conditional on the trial court verifying criminal antecedents — if petitioner no. 1 is found to have more than one antecedent case and petitioner no. 2 even one, concealment is presumed and the provisional order shall not be confirmed; if petitioner no. 1 has only one case and petitioner no. 2 clean antecedents, the order is to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90548 of 2025

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Arising Out of PS. Case No.-301 Year-2025 Thana- ADAPUR District- East Champaran

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Ram Babu Ram Son of Kishori Ram Resident of Village - Murtiya Thakurai Tola, P.S.-Adapur, District - East Champaran.

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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

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Appearance :

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For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-01-2026

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.90548 of 2025(2) dt.08-01-2026 2/3

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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.

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

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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.

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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

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Patna High Court CR. MISC. No.90548 of 2025(2) dt.08-01-2026 3/3

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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.

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(Satyavrat Verma, J)

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Kundan/-

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U T

Ram Babu Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Babu Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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