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Patna High Court

Sunil SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

Sunil Singh was arrested for offences under Sections 272, 273 and 420 of the IPC and Section 30(a) of the Bihar Excise Act, alleged to have recovered 89.200 litres of illicit liquor. He has seven prior cases, five under the Excise Act, and has been in custody since 7 March 2026. He previously obtained provisional anticipatory bail in 2024, which was cancelled after his criminal antecedent was verified. The State opposed his fresh bail application, arguing a risk of absconding, while the petitioner assured cooperation with the trial. The Patna High Court, after hearing both sides, declined to grant bail, directing that the petitioner may renew his prayer after charge framing.

Issues considered

  • Whether bail should be granted to a petitioner with multiple prior criminal cases and a cancelled anticipatory bail order.
  • Whether the risk of the petitioner absconding justifies denial of bail under the applicable provisions.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • criminal antecedent
  • IPC
  • Excise Act
  • flight risk
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23793 of 2026
                     Arising Out of PS. Case No.-131 Year-2020 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Sunil Singh Son of Osiyar Sigh R/O Vill .- Ahirauli Tola, P.S. - Gopalpur,
                 Distt. -Gopalganj.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273 and 420 of the

                   Indian Penal Code read with Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned     counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which five cases

                   under the Excise Act and allegation is of recovery of 89.200

                   liters of liquor from a bush and petitioner is in custody since

                   07.03.2026.

                                4. Learned A.P.P. for the State opposes the bail

                   application of the petitioner and submits that petitioner had

                   earlier moved before this Court seeking anticipatory bail by

                   filing Criminal Miscellaneous No. 42629 of 2024 and the same
            Patna High Court CR. MISC. No.23793 of 2026(2) dt.18-04-2026
                                                        2/2




                      came to be allowed by an order dated 05.07.2024 with a

                      direction that after granting provisional anticipatory bail to the

                      petitioner, his criminal antecedent shall be verified. It is next

                      submitted that the criminal antecedent of the petitioner was

                      verified and it was found that petitioner had not approached this

                      Court with clean hand in Criminal Miscellaneous No. 42629 of

                      2024, as such, his provisional anticipatory bail bonds were

                      cancelled, it is thus submitted that if privilege of bail is granted,

                      the petitioner may abscond, on which the learned counsel for the

                      petitioner submits that if privilege of bail is granted, the

                      petitioner will not abscond rather will cooperate in the trial to

                      prove his innocence.

                                   5. After hearing the learned counsel for the parties,

                      the Court is not inclined to release the petitioner on bail.

                                   6. Accordingly, the instant bail application stands

                      rejected.

                                   7. However, the petitioner would be at liberty to

                      renew his prayer for bail after framing of charge.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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