Patna High Court
Tarkeshwar Singh @ Tarkeshwar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having only one prior case.
Summary
The petitioner, Tarkeshwar Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for allegedly possessing one litre of liquor in a seized motorcycle. He argued that he was not in possession at the time of arrest, had no knowledge of the vehicle’s misuse, and that his ownership alone should not create criminal liability. The State opposed the bail, contending the seriousness of the offence. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It directed that if the petitioner has more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail under Section 438 of the Cr.P.C. should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the seized vehicle suffices to implicate the petitioner without proof of possession.
- Effect of the petitioner’s criminal antecedent on the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- criminal antecedent
- vehicle ownership
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13518 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- PANAPUR District- Saran
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Tarkeshwar Singh @ Tarkeshwar Kumar Singh S/o Kamakhya Singh R/o vill
- Pakdi Narautam, P.O. - Satjora Bazar, P.S.- Panapur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of one litre of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.13518 of 2026(2) dt.10-03-2026
2/3
would get implicated. It is next submitted that petitioner was
completely unaware that Ravindra Mahto would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Dharmendra Ram.
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, let 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.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 Panapur P.S. Case No. 275 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.13518 of 2026(2) dt.10-03-2026
3/3
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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