Patna High Court
Jayendra 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 antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
Jayendra Singh was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly having 55 litres of liquor recovered from his motorcycle. He argued that he had a clean antecedent and was unaware that a person named Vicky misused his vehicle, and that no liquor was found in his immediate possession. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the bail would be confirmed immediately. The decision rests on the principles of Section 482(2) of the B.N.S.S. and the need to balance the petitioner’s right to liberty with the investigation’s requirements.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018?
- Whether the petitioner’s alleged ownership of the vehicle used in the alleged offence justifies denial of anticipatory bail?
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are sufficient to safeguard the trial process?
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- liquor seizure
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12334 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- NARALI KALA KHURD District-
Aurangabad
======================================================
Jayendra Singh S/O Nagnath Singh Resident of Village- Khaira, P.S- Narari
Kala Khurd, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 55 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
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would create evidence against himself and hence would get
implicated. It is thus submitted that the petitioner was
completely unaware that Vicky would misuse his vehicle in the
manner as alleged, who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Narari Kala Khurd P.S. Case No.01/2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
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on verification 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)
amit/-
U T
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