Patna High Court
Sudeep Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Sudeep Kumar Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 34.925 litres of liquor and 120 kg of Mahua flower from two vehicles, one of which he owned. He argued that he was not present at the spot, had no possession of the contraband, and was unaware that a friend misused his vehicle. The State opposed the bail, contending the seriousness of the offence. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedent within six weeks. If more than two prior cases are found, the bail would be cancelled; if only two, it would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle implicates him in the offence.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
- Bihar Negotiable Securities Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15659 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Sudeep Kumar Singh Son of Dev Kumar Singh Resident of Village - Badhi
Tola, P.O.- Sherghati, P.S.- Sherghati, District - Gaya, Bihar -824211.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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 two cases under the Excise Act and
allegation is of recovery of 34.925 liters of liquor from two
different vehicles along with 120 kg of Mahua flower.
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 he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot.
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.
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 Sherghati
P.S. Case No. 485 of 2025 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 than two
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
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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