Patna High Court
Samundar Prasad Singh @ Master Saheb @ Samrendra Prasad Singh @ Samendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, a 78‑year‑old retired teacher, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 28.95 litres of liquor from a tenant’s room. The petitioner argued that he had no conscious possession of the liquor, had a clean antecedent, and was a senior citizen with health ailments. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) conditions. The order was made conditional that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether the petitioner’s age, health, lack of possession, and alleged clean antecedent justify the grant of anticipatory bail.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- senior citizen
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23501 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Samundar Prasad Singh @ Master Saheb @ Samrendra Prasad Singh @
Samendra Prasad Son of Late Deoki Singh Resident of Adarsh Nagar Ranchi
Road , Harnaut P.S- Harnaut District- Nalanda presently residing at F386,
Sushant Lok II Sector 57 P.S. - Bazirabad Gurugram Haryana 122011
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 28.95 litres of liquor from the room of tenant
Ankit Kumar in petitioner’s house.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a room, which was on rent and the police in
Patna High Court CR. MISC. No.23501 of 2026(2) dt.09-04-2026
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mechanical manner implicated the petitioner without holding a
proper investigation based on secret information, which is the
easiest way to implicate someone. It is also submitted that
petitioner is a senior citizen aged about 78 years and is a retired
teacher and resides at Delhi with his son who is doctor. It is
further submitted that petitioner is suffering from ailments.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of ten weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Harnaut P. S. Case No.545 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.23501 of 2026(2) dt.09-04-2026
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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