Patna High Court

Dheeraj SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedent, with the possibility of revocation if more than one prior case is found.

Summary

The petitioner, Dheeraj Singh, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly transporting 144 litres of liquor on two motorcycles. He contended that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on the basis of secret information without proper investigation. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If the trial court finds more than one prior case, the provisional bail will be withdrawn; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the accused was not caught in possession.
Whether the existence of prior criminal antecedents affects the grant of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
seizure
secret information
criminal antecedent
provisional bail
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21439 of 2026
                   Arising Out of PS. Case No.-23 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Dheeraj Singh S/o- Girija Singh @ Girijanandan Singh RO- Barwa Khurd
                 PS- Kundwa Chainpur District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vishal Prasad, Advocate
                 For the Opposite Party/s :      Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 144 liters of liquor from two

                   different motorcycles.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.21439 of 2026(2) dt.01-04-2026
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          secret information which is the easiest way to implicate

          someone. It is also 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.

          5000/- (Rupees 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 Kundwa

          Chainpur P.S. Case No. 23 of 2026 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       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 one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.21439 of 2026(2) dt.01-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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