Surendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18368 of 2026 Arising Out of PS. Case No.-630 Year-2025 Thana- DARAUNDA District- Siwan ====================================================== 1.
Surendra Ram S/o Motichandra Ram @ Harilal Ram Resident of VillageKolhua, PS- Darounda, Distt.- Siwan 2.
Amarjit Kumar @ Amarjit Kumar Ram S/o Surendra Ram Resident of Village- Kolhua, PS- Darounda, Distt.- Siwan 3.
Sushila Devi W/o Surendra Ram Resident of Village- Kolhua, PSDarounda, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Kumar For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-03-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent, petitioner no.2 has antecedent of two cases under the Excise Act and petitioner no.3 has antecedent of one case under the Excise Act and petitioner no.3 is a woman and allegation is of recovery of 160 litres of liquor from bushes in front of the house of the
Patna High Court CR. MISC. No.18368 of 2026(2) dt.25-03-2026 2/3 petitioners. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners but then is adjacent to their house as such they came to be implicated at the instance of chowkidar with whom petitioners are on an inimical term. It is next submitted that if chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender 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) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.18368 of 2026(2) dt.25-03-2026 3/3 the learned trial court where the case is pending/successor court in connection with Darounda P.S. Case No.630/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of even one case, petitioner no.2 has antecedent of more than two cases and petitioner no.3 has antecedent of more than one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T