Patna High Court
Vishal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioners' criminal antecedents.
Summary
Vishal Singh and Mukesh Singh applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 8.64 litres of liquor. They contended that the liquor was recovered from a public place, they were not in possession, and the complaint was motivated by an inimical relationship with a watchman. The State opposed the bail, citing their prior criminal antecedents—one case for Vishal and six cases for Mukesh, three of which are under the Excise Act. The High Court granted provisional anticipatory bail, directing each petitioner to furnish a bail bond of Rs 30,000 with two sureties, and ordered verification of their criminal records. The order stipulated that if the verification shows more antecedents than disclosed, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to persons accused of offences under Section 30(a) of the Excise Act despite prior criminal antecedents.
- Whether the alleged lack of possession and the public nature of the place of recovery justify granting bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- criminal antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10368 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
1. Vishal Singh Son of Late Rama Singh Resident of Village - Bistaul, P.S.-
Baikunthpur, District - Gopalganj Bihar
2. Mukesh Singh Son of Late Rama Singh Resident of Village - Bistaul, P.S.-
Baikunthpur, District - Gopalganj Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Shekhar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of one case and petitioner
no.2 has antecedent of six cases out of which three cases are
under the Excise Act and the allegation is of recovery of 8.64
litres of liquor from a place near a road.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.10368 of 2026(2) dt.24-02-2026
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recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of Chaukidar with whom they are
on an inimical term. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.30,000/- (Rupees Thirty 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 Baikunthpur P. S. Case No.404 of 2025, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.10368 of 2026(2) dt.24-02-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
one case and petitioner no.2 has antecedent of more than six
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
antecedent before this Court, in that event, the present
provisional anticipatory bail order shall not be confirmed, but if
on verification, it is found that petitioner no.1 has antecedent of
more than one case only and petitioner no.2 has antecedent of
more than six cases only, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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