Patna High Court
Anil SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioners subject to conditions and verification of criminal antecedent.
Summary
Anil Singh and Naresh Singh applied for anticipatory bail after learning that they might be arrested in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 30 litres of liquor from a public place. They argued that they have clean antecedents, were not in possession of the liquor, and were falsely implicated by a watchman who had an inimical relationship with them. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioners furnish bail bonds and two sureties of Rs. 500 each, and that the trial court verify their criminal antecedents. If any antecedent is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Excise Act.
- Whether the watchman's testimony alone suffices to justify arrest in the absence of possession.
- Whether the petitioners' clean antecedent warrants provisional bail pending verification.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- false implication
- watchman testimony
- provisional bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14346 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- RATWARA District- Madhepura
======================================================
1. Anil Singh S/O Late Mahavir Singh R/O Village- Khapur, P.S- Ratwara,
District- Madhepura, Bihar.
2. Naresh Singh S/O Mahavir Singh R/O Village- Khapur, P.S- Ratwara,
District- Madhepura, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aniket Kumar Thakur
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 30 litres of liquor from Basa at ward no. 14.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
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petitioners and is accessible to public at large and they came to
be implicated at the instance of Chowkidar with whom they are
on an inimical term. It is next submitted that if the Chowkidar
was aware about the involvement of the petitioners in the
occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution It is also submitted that it appears that
the Chowkidar, with a view to save the real culprit, falsely
implicated the petitioners, when petitioners admittedly are
persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) 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 Ratwara P.S. Case No. 7 of 2026, subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
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7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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