Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72316 of 2025 Arising Out of PS. Case No.-1529 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Raman Kumar Son of Late Ishwar Prasad Resident of - F-129, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2025 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), 32(3), 41, 62 and 56(b) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the case was taken up on 16-10-2025, when antecedent report of the petitioner was called for, but then the same till date has not been received.

4.

The court will not wait endlessly for the antecedent report.

5.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 544.32 litres of liquor from asbestos room of the

Patna High Court CR. MISC. No.72316 of 2025(3) dt.18-11-2025 2/3 petitioner.

6.

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 even the room is part of a house which is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within knowledge of the petitioner.

7.

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

8.

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. 1529 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

9.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and

Patna High Court CR. MISC. No.72316 of 2025(3) dt.18-11-2025 3/3 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 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.

(Satyavrat Verma, J) Sumit/- U T