Patna High Court
Sheshnath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
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
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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
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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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