Patna High Court
Shri Singh @ Shri Narayan Singh @ Shreenarayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Shri Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 19.6 litres of liquor from a plastic polythene. He argued that he was not caught in possession, the alleged recovery occurred on premises not belonging to him, and that he was implicated on the basis of a chowkidar's complaint, having prior three excise cases. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties, subject to verification of the petitioner’s criminal antecedent. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13190 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- RAJEPUR District- East Champaran
======================================================
Shri Singh @ Shri Narayan Singh @ Shreenarayan Singh S/O Sri Mahesh
Singh Village- Kadma, Semraha, P.s.- Rajepur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 three cases under the Excise Act and
allegation is of recovery of 19.6 liters of liquor from a plastic
polythene.
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 he came to be implicated at the instance of Chowkidar with
Patna High Court CR. MISC. No.13190 of 2026(2) dt.10-03-2026
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whom he is on an inimical term. 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. It is next
submitted that petitioner in similar manner earlier also came to
be implicated in cases relating to excise.
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.
15,000/- (Rupees Fifteen 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 Rajepur
P.S. Case No. 01 of 2026 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.13190 of 2026(2) dt.10-03-2026
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than three 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 three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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