Patna High Court
Lal Mohan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner's antecedents.
Summary
The petitioner, Lal Mohan Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 50 litres of liquor from a box behind his house. He argued that the liquor was not in his possession, the location did not belong to him, and the complaint was filed by a hostile chowkidar who had not reported the matter earlier. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond with two sureties and directed the trial court to verify the petitioner's antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; if he has a clean record, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of alleged possession and the role of the complainant justify bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20706 of 2026
Arising Out of PS. Case No.-696 Year-2025 Thana- GARKHA District- Saran
======================================================
Lal Mohan Singh Son of Veer Bhuwan Prasad @ Birbhuban Singh @
Birbhushan Singh R/o Village - Garkha, P.S. - Garkha, Dist. - Saran at
Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 50 litres of liquor from a box kept behind the house
of petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner but then is adjacent to his
house and he came to be implicated at the instance of chowkidar
Patna High Court CR. MISC. No.20706 of 2026(2) dt.31-03-2026
2/3
with whom he is on an inimical term. It is next submitted that if
chowkidar was aware of 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.
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 Garkha P.S. Case No.696/2025, 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.20706 of 2026(2) dt.31-03-2026
3/3
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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