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Patna High Court

Amit Singh @ Amit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Amit Singh applied for anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 22.460 litres of liquor from a motorcycle. The petitioner argued that he was not arrested on the spot, no liquor was seized from his possession, and he is not the owner of the vehicle, contending that the case is based on secret information and lacks proper investigation. He also highlighted his prior criminal record of five cases, four of which are under the Excise Act. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.25,000 bond with two sureties, subject to verification of the petitioner’s antecedent; if more than five prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of seizure from the accused’s possession and lack of ownership of the vehicle affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent exceeding five cases precludes anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure
  • criminal antecedent
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23382 of 2026
                   Arising Out of PS. Case No.-129 Year-2025 Thana- Raghunathpur Excise District- Siwan
                 ======================================================
                 Amit Singh @ Amit Kumar Singh Son of Daroga Singh Resident of village-
                 Nikhti Kalan, PS - Rahunathpur, Dist- Siwan
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyanshu Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Madan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 22.460

                   litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the local person but then the
Patna High Court CR. MISC. No.23382 of 2026(2) dt.09-04-2026
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          name of the person who disclosed the name of the petitioner is

          not disclosed in the FIR which casts an aspersion on the case of

          the prosecution, when petitioner has not been implicated based

          on the secret information. It is next submitted that once an

          accused is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let 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.25,000/-

          (Rupees Twenty-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

          Raghunathpur P.S. Case No. 129 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.23382 of 2026(2) dt.09-04-2026
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                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than five

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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