Patna High Court
Pawan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Pawan Singh, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 717.12 litres of liquor from a boat on the Gandak river. He contended that the liquor was seized from a public boat, not from his possession, and that the investigation relied solely on secret information without proper inquiry. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s prior five excise cases. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 25,000 with two sureties, subject to verification of his criminal antecedent. It directed that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; if only five, the provisional order would be confirmed. The order was made under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from a public boat constitutes sufficient grounds for arrest.
- Whether the petitioner’s prior five excise cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30(a) Bihar Excise Act
- section 482 CrPC
- criminal antecedent
- secret information
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10123 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Pawan Singh Son of Kamlesh Singh Resident of Village - Sihorwa, P.S.-
Yadopur @ Jadopur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 717.12 liters of liquor from a boat
near diyara area on bank of Gandak river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and is not the owner of the
Patna High Court CR. MISC. No.10123 of 2026(3) dt.16-03-2026
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seized boat and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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.
25,000/- (Rupees Twenty Five 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 Yadopur P.S. Case No. 224 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
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 more
Patna High Court CR. MISC. No.10123 of 2026(3) dt.16-03-2026
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than five cases 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 has antecedent of five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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