Patna High Court
Ajim Kumar Singh @ Ajeet Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.
Summary
The petitioner, Ajim Kumar Singh, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 968.76 litres of liquor from two cars and a motorcycle. He contended that he was not arrested on the spot, had no possession of the seized liquor, was not the owner of the vehicles, and was implicated based on information from local residents, with his name absent from the FIR. The State opposed the bail, arguing the seriousness of the offence. The Court, considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 5,000 and two sureties, subject to verification of his criminal antecedent by the trial court. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of direct involvement and the absence of his name in the FIR justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- Bihar Excise Act
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12126 of 2026
Arising Out of PS. Case No.-616 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Ajim Kumar Singh @ Ajeet Kumar Singh S/O Late Ramesh Singh Resident
of Village - Bakhtauli, P.S. - Basantpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 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 the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 968.76 litres of liquor from two cars
and a motorcycle.
4. 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 is not the owner of
any of the seized vehicles and he came to be implicated at the
instance of local people, but then the name of the person, who
Patna High Court CR. MISC. No.12126 of 2026(2) dt.10-04-2026
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disclosed the name of the petitioner, is not disclosed in the FIR,
which casts an aspersion on the case of the prosecution, when
petitioner has not been implicated based on secret information.
It is further 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. 5,000/- (Rupees
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 Basantpur P.S. Case
No. 616 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 than one
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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 has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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