Patna High Court
Veer SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated bail conditions.
Summary
Petitioners Veer Singh and Chandan Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 174.24 litres of liquor from two vehicles. They argued they have clean antecedents, were not in possession of the liquor, were not owners of the vehicles, and were implicated solely by a watchman who failed to inform police earlier. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. If any antecedent is found, the provisional bail would be withdrawn for that petitioner. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged facts and their clean antecedent.
- Whether the watchman's testimony and lack of seizure from the petitioners' conscious possession justify bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- seizure of liquor
- watchman testimony
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22552 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- Mufassil District- Khagaria
======================================================
1. Veer Singh S/o Jay Prakash Singh @ Prakash Singh Resident of Village -
Mehsauri Ward No. 02, P.S - Muffasil, District - Khagaria
2. Chandan Kumar @ Chandan Singh S/o Natho Mahto Resident of Village -
Mehsauri Ward No. 02, P.S - Muffasil, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 174.24 litres of liquor from two different vehicle. It
is next submitted that petitioners were not arrested from the spot
as such nothing was recovered from their conscious possession
and are not owner of the seized vehicle and they came to be
implicated at the instance of chowkidar with whom they are on
Patna High Court CR. MISC. No.22552 of 2026(2) dt.08-04-2026
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an inimical term. It is also 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. It is also submitted that it appears that chowkidar in
order to save the real culprit falsely implicated the petitioners,
when petitioners admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Muffasil P.S. Case No.11/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
Patna High Court CR. MISC. No.22552 of 2026(2) dt.08-04-2026
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petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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