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Patna High Court

Pawan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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