Patna High Court
Jwala Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.
Summary
The petitioner, Jwala Prasad Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 152.625 litres of liquor recovered from a car he owned. He argued that he had no prior criminal record, was not in actual possession of the liquor, and was unaware that the vehicle would be used for the alleged offence. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed the trial court to verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the bail would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case of alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle from which liquor was recovered constitutes sufficient grounds for arrest and denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- liquor seizure
- vehicle ownership
- clean antecedent
- High Court
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18353 of 2026
Arising Out of PS. Case No.-1041 Year-2025 Thana- DANAPUR District- Patna
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Jwala Prasad Singh son of Late Hari Bansh Singh Resident of Mohalla
-Government Middle school Khalari PO- Khalari PS - , Mccluskienganj
Khalari, District- Ranchi State -Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 offence punishable under Section 30(a) of
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 152.625 litres of liquor from a car. It is next
submitted that 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 the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.18353 of 2026(2) dt.25-03-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Collector Rai would misuse his vehicle
in the manner as alleged who was also apprehended from the
spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Danapur P.S. Case No.1041/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.18353 of 2026(2) dt.25-03-2026
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on verification 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)
amit/-
U T
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