Created by Fuzzy Cloud

Patna High Court

Kamendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Kamendra Singh, was implicated in a case involving the seizure of 6,894 litres of liquor from a truck, alleged under several sections of the Bihar Narcotic Substances Act and the Bihar Excise Act. He contended that he had a clean antecedent, was not in possession of the liquor, and that the vehicle used belonged to him but was misused by others. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The petitioner also agreed to deposit a further amount with the Advocates’ Association as part of the conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act.
  • Whether ownership of the vehicle used in the alleged liquor seizure makes the petitioner liable for the offences.
  • Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2364 of 2026
                    Arising Out of PS. Case No.-622 Year-2024 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Kamendra Singh S/o Karan Singh R/o Village- Jatpura Fatehpur Khas, P.S-
                 Mainther, Dist- Muradabad, Uttar Pradesh.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Fazle Karim
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026               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 318(4),

                   336(2), 338, 336(3), 340(2), 341(1) of BNS and Sections 30(a),

                   36 and 41(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6894 litres of liquor from a truck.

                             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 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
Patna High Court CR. MISC. No.2364 of 2026(2) dt.27-01-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          further submitted that petitioner was completely unaware that

          Md. Khalid would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Zubair.

                   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 Sadar

          P.S. Case No. 622 of 2024, 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
              Patna High Court CR. MISC. No.2364 of 2026(2) dt.27-01-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 5,000/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.