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Patna High Court

Aditya Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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