Patna High Court
Dinanath SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.
Summary
The petitioner, Dinanath Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 100 litres of liquor from an auto he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that the driver misused his vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under the inherent powers of the High Court under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle, without possession of the seized liquor, suffices to justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- Section 482
- vehicle ownership
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22815 of 2026
Arising Out of PS. Case No.-571 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Dinanath Singh S/o Dwarika Singh Resident of Village- Murlipur P.S. Badi,
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 27-04-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 100 liters of liquor from an Auto.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Vindhyachal would misuse the vehicle in the manner as
alleged who was also apprehended from the spot.
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.
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 Sasaram
Excise P.S. Case No. 571 of 2025 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 even one case
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 is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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