Patna High Court

Satyawan SinghversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of antecedents and specified conditions.

Summary

The petitioner, Satyawan Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 115.720 litres of liquor were recovered from five motorcycles. He contended that he was not in possession of the seized vehicles, was not the owner, and was implicated by a hostile chowkidar who failed to inform police earlier. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Whether the circumstances of seizure and lack of possession warrant the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
criminal antecedent
Section 30
Bihar Prohibition and Excise Act
high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14620 of 2026
                   Arising Out of PS. Case No.-471 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Satyawan Singh S/o Suresh Singh Resident of Village - Jalalpur, P.S -
                 Kuchaikote, District - Gopalganj

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 115.720 litres of liquor from five

                   motorcycles.        It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and is not owner of any of the seized

                   vehicle and he came to be implicated at the instance of

                   chowkidar with whom he is on an inimical term. It is also

                   submitted that if chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.14620 of 2026(2) dt.16-04-2026
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          petitioner 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.

                       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.10,000/- (Rupees ten 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 Kuchaikote P.S. Case No.471/2025, 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 more than

          two cases, 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

          on verification it is found that petitioner has antecedent of two
             Patna High Court CR. MISC. No.14620 of 2026(2) dt.16-04-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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