Patna High Court
Sohan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his criminal antecedents.
Summary
The petitioner, Sohan Singh, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 50 litres of liquor and 2,000 litres of fermented Jawa Mahua solution. He contended that he was not arrested on the spot, no contraband was found in his possession, and the alleged recovery took place on land not owned by him but accessible to villagers. He further argued that the complaint originated from a hostile chaukidar and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments (Security) Act, pending verification of the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case is verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate
- Whether the petitioner’s alleged lack of possession and the nature of the complaint warrant bail
Legislation cited
- Bihar Negotiable Instruments (Security) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(d), 41
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15003 of 2026
Arising Out of PS. Case No.-576 Year-2023 Thana- WARISLIGANJ District- Nawada
======================================================
Sohan Singh S/o Late Rajendra Singh R/o Village - Kochgaon, P.S -
Warisaliganj, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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 Sections 30(a),
30(d) and 41 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 50 litres of liquor along with 2000
litres of Fermented Jawa Mahua Solution from a bush.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.15003 of 2026(2) dt.17-03-2026
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Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution. It is also submitted
that once an accused is implicated in a case relating to excise the
police start implicating mechanically without holding a proper
investigation of the case either at the instance of the Chawkidar,
local person, secret information or confessional statement.
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 Warisaliganj P.S. Case No. 576 of
2023, 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
Patna High Court CR. MISC. No.15003 of 2026(2) dt.17-03-2026
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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
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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