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Patna High Court

Amritansh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Amritansh Kumar Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 501.12 litres of liquor from a Scorpio vehicle. He contended that he was not the owner of the vehicle, was not arrested at the spot, and was unaware that his driver misused the vehicle. The State opposed the bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 25,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent; if more than five prior cases are found, the bail may be withdrawn, otherwise it will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in the present case.
  • Whether the petitioner’s claim of non‑ownership and lack of conscious possession of the seized liquor negates the necessity of bail.
  • Whether the petitioner’s antecedent of five prior Excise cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20581 of 2026
                      Arising Out of PS. Case No.-417 Year-2025 Thana- SIWAN CITY District- Siwan
                 ======================================================
                 Amritansh Kumar Singh Son of Yogeshwar Singh Resident of Village -
                 Narendrapur, P.S. - Siwan Town, District - Siwan.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 501.12 litres of liquor from a

                   Scorpio vehicle.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle. It is next submitted that no prudent person

                   would use his own vehicle for committing a crime and thus,
Patna High Court CR. MISC. No.20581 of 2026(2) dt.31-03-2026
                                            2/3




          would create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that his driver would misuse the vehicle in the manner

          as alleged who also fled from the spot.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.25,000/- (Rupees Twenty Five 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 Siwan Town P. S. Case No.417 of 2025, subject

          to the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than five cases,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.20581 of 2026(2) dt.31-03-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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