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Patna High Court

Balraj Singh @ Bhuntun SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of antecedents under Section 482(2) of the BNSS.

Summary

The petitioner, Balraj Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 324 litres of liquor from a bush. He argued that he was not arrested on the spot, the liquor was not in his possession, and the complaint originated from a hostile chowkidar who failed to inform police earlier. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and the circumstances of the complaint justify granting bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22304 of 2026
                        Arising Out of PS. Case No.-27 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Balraj Singh @ Bhuntun Singh Son of Sonelal Singh Resident of Village-
                 Madhurapur (Sona Khan), P.S.- Suppi, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha
                 For the Opposite Party/s :        Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 324 litres

                   of liquor from a bush.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of Chowkidar with
Patna High Court CR. MISC. No.22304 of 2026(2) dt.08-04-2026
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          whom he is on an inimical term. It is next submitted that if

          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. 10,000/- (Rupees

          Ten 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 Suppi P.S. Case No. 27

          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
              Patna High Court CR. MISC. No.22304 of 2026(2) dt.08-04-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than two

                        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 two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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