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Patna High Court

Surendra Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

Surendra Prasad Singh applied for anticipatory bail after being implicated in a case alleging recovery of 6,831 litres of liquor from a truck, alleged offences under Sections 30(a), 32(i)(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he has a clean antecedent, was not in possession of the seized liquor, is not the owner of the vehicle, and that the confessional statement of a co‑accused lacks evidentiary value. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of the petitioner’s criminal antecedent. If a prior case is found, the bail will not be confirmed; if the antecedent is clean, the bail will be confirmed. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the confessional statement of a co‑accused is admissible for granting anticipatory bail.
  • Whether the petitioner’s alleged clean antecedent warrants provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • liquor seizure
  • confessional statement
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16648 of 2026
                   Arising Out of PS. Case No.-122 Year-2024 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Surendra Prasad Singh Son of Ram Sunder Prasad Singh R/o Village -
                 Pusaho, P.S. - Bithan, Dist. - Samastipur.
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 30(a),

                   32(i)(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6831 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.16648 of 2026(3) dt.06-04-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next submitted that no

          doubt, it has also been alleged that petitioner was talking to the

          co-accused, namely, Raj Kumar Ranjan but then Raj Kumar

          Ranjan is a co-villager and when he was apprehended he called

          on the mobile of the wife of the petitioner so that she informs

          his wife that he has been arrested.

                       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 appearing on behalf of 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.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 Begusarai Mufassil

          P.S. Case No. 122 of 2024, 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. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,
           Patna High Court CR. MISC. No.16648 of 2026(3) dt.06-04-2026
                                                       3/3




                     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 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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