Patna High Court
Bholu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the findings.
Summary
Petitioners Bholu Singh and Satyendra Ram sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act. They argued that they had no prior criminal record (or only a minor antecedent for the second petitioner) and that the seizure of 520 litres of spirit was based on secret information, not on possession. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioners’ criminal antecedents, with the order to be confirmed or set aside after such verification. The court emphasized that any concealment of antecedent would lead to denial of confirmation. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the alleged secret information and lack of possession justify granting bail.
- Whether the petitioners’ criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- narcotic offences
- excise law
- secret information
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1624 of 2026
Arising Out of PS. Case No.-3 Year-2025 Thana- MAKER District- Saran
======================================================
1. Bholu Singh S/o Jagarnath Singh R/o Village - Chakki Sohagpur, P.S -
Paroo, District - Muzaffarpur
2. Satyendra Ram @ Satyendra Kumar S/o Baban Ram@ Baban Ray R/o
Village - Khalpura, P.S - Maker, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of one case and allegation is of recovery of
520 liters of spirit from a Bolero pick up vehicle.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.1624 of 2026(2) dt.21-01-2026
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was recovered from their conscious possession and are not the
owner of the seized vehicle and they came to be implicated
based on secret information which is the easiest way to
implicate someone. It is also submitted that police, of late, is
implicating accused based on secret information with a view to
save the real culprits.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5,000/- (Rupees Five Thousand) each 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
Maker P.S. Case No. 03 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 petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
even one case and petitioner no. 2 has antecedent of more than
Patna High Court CR. MISC. No.1624 of 2026(2) dt.21-01-2026
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one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 is a person with
clean antecedent and petitioner no. 2 has antecedent of one case
only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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