Patna High Court
Murli SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond and verification of antecedent.
Summary
Murli Singh 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 427.2 litres of liquor from his house. He argued that he has a clean antecedent, was not arrested at the spot, the liquor was not in his conscious possession, and the house is a joint family property, making it uncertain that he stored the liquor. The State opposed the bail. The Court directed that, upon surrender or arrest within six weeks, he be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act given the facts of joint family property and lack of possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- joint family property
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23820 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Murli Singh Son of Late Janardhan Singh Resident of Village - Rajpur Nagar,
House No. 157, Hajipur, P.S.- Industrial Area, Hajipur, District - Vaishali,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar Singh
For the Opposite Party/s : Ms.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 427.2 litres of liquor from house of the petitioner.
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 the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.23820 of 2026(2) dt.17-04-2026
2/3
in the house or the liquor kept in the house was within his
knowledge and petitioner was completely unaware that his
tenant would misuse the room in the manner as alleged.
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 six 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
Hajipur Prohibition and Excise P. S. Case No.343 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
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.23820 of 2026(2) dt.17-04-2026
3/3
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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