Patna High Court
Aditya Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Aditya Kumar Singh, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged recovery of 5,385.12 litres of liquor from two vehicles. He contended that he was not present at the spot, had no possession of the liquor, and was not the owner of the seized vehicles, asserting that the complaint was based solely on the testimony of a chowkidar. The State opposed the bail, citing the seriousness of the offences under Sections 30(a), 31(1), 31(2) and 41(1) of the Bihar Excise Act and the petitioner’s prior two excise cases. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and a further deposit of Rs 5,000 with the Advocates’ Association. The order also directed the trial court to verify the petitioner’s criminal antecedent and to confirm the bail only if he has no more than two prior cases, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences under the Bihar Excise Act
- Whether the petitioner’s prior criminal antecedent disqualifies him from anticipatory bail
- Whether the procedural requirements under Section 482(2) of the BNSS are satisfied
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- seizure of liquor
- criminal antecedent
- Section 482(2)
- BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2398 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Aditya Kumar Singh Son of Bhola Singh Resident of Village- Batlohiya, P.S.-
Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Murari Narain Chaudhary
For the Opposite Party/s : Dr. Ajeet Kumar
======================================================
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 30(a),
31(1), 31(2) and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 5385.12 litres of liquor from two
vehicles.
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 is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar but then it is submitted that if the Chowkidar was
Patna High Court CR. MISC. No.2398 of 2026(2) dt.27-01-2026
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aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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. 10,000/- (Rupees
Ten 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 Pandaul P.S. Case No.
218 of 2025 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 more than two
Patna High Court CR. MISC. No.2398 of 2026(2) dt.27-01-2026
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cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases 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
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