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Patna High Court

Sheshnath SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Sheshnath Singh, sought anticipatory bail fearing arrest in a case registered under IPC sections 272, 273 and 34 and Bihar Excise Act sections 30(a), 38(i) and 41(i) for alleged recovery of 2,220.48 litres of liquor from a car and four motorcycles. He contended that he had no conscious possession of the liquor, was merely the owner of one seized motorcycle, and was unaware that his associate Dinesh misused the vehicle. The State opposed the bail. The Court, after considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bond of Rs. 500, two sureties of equal amount, and verification of his criminal record under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending case under the IPC and Bihar Excise Act.
  • Whether the petitioner’s alleged ownership of a seized vehicle and lack of conscious possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Excise Act
  • section 482
  • clean antecedent
  • provisional bail
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16112 of 2026
                       Arising Out of PS. Case No.-125 Year-2018 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Sheshnath Singh S/o Ambika Singh Resident Of Village- Basopatti, Ps -
                 Bankata, Dist- Deoria, U.P.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Dwivedi
                 For the Opposite Party/s :       Mr.Arun Kumar
                 ======================================================
                 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.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 272, 273

                   and 34 of the IPC and Sections 30(a), 38(i) and 41(i) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2220.480 litres of liquor from a car and four

                   different motorcycles.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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
Patna High Court CR. MISC. No.16112 of 2026(2) dt.16-04-2026
                                            2/3




          seized motorcycles. 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 would get

          implicated, it is further submitted that petitioner was completely

          unaware that Dinesh would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          Jairam and Prince.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Mairwa P.S. Case No. 125 of 2018, 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.16112 of 2026(2) dt.16-04-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner is a

                        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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