Patna High Court
Jwala SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Jwala Singh, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 1,293.06 litres of liquor from two boats on the Ganga. He argued that he was not in possession of the liquor, did not own the boats, and was implicated only on the basis of a chowkidar's statement, questioning the propriety of the investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner’s criminal antecedent of eight cases, six of which are under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 40,000 with two sureties and directed the trial court to verify the petitioner’s antecedent within six weeks. It further held that if more than eight prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of possession of the seized liquor and lack of ownership of the boats preclude arrest and justify bail.
- Whether the petitioner’s criminal antecedent of eight cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- section 30(a)
- section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1827 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
Jwala Singh S/O Rana Singh R/O Vill.- Nathmalpur, P.S.- Barhara, Dist.-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Prasad Gupta
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 the
petitioner has antecedent of eight cases out of which six cases
are under the Excise Act and allegation is of recovery of
1293.06 litres of liquor from two boats near bank of Ganga
river.
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 is not the owner of
any of the seized boats and even the alleged recovery is from a
Patna High Court CR. MISC. No.1827 of 2026(2) dt.22-01-2026
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place which does not belong to the petitioner and is accessible
to public at large and he came to be implicated at the instance of
Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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. 40,000/- (Rupees
Forty 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 Barhara P.S. Case No.
180 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
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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
eight 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 confirmed, but after verification if it is found that
petitioner has antecedent of eight case in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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