Patna High Court
Vinayak Pratap Singh @ TarzanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of criminal antecedents, under Section 482(2) of the BNSS.
Summary
The petitioners, Vinayak Pratap Singh, Suman Kumar and Raftar Singh, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 134.2 litres of liquor from a semi‑constructed room near a school. They argued that the liquor was not seized from their possession, the FIR did not name the informant, and the investigation was based on secret information without proper inquiry. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties each, and directed verification of the petitioners' criminal antecedents. It further stipulated that if any petitioner is found to have concealed additional cases, the bail would not be confirmed for that individual; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of an informant's name in the FIR and the alleged reliance on secret information affect the propriety of granting bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 482
- criminal antecedent
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24536 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- DORIGANJ District- Saran
======================================================
1. Vinayak Pratap Singh @ Tarzan Son of Rana Pratap Singh R/o Village -
Daftarpur, P.S. - Doriganj, Dist. - Saran at Chapra.
2. Suman Kumar Son of Ashok Singh R/o Village - Daftarpur, P.S. - Doriganj,
Dist. - Saran at Chapra.
3. Raftar Singh @ Bhola @ Rohit Kumar Son of Pramhansh Singh R/o
Bishunpura, P.S. - Chapra Muffasil, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioner nos. 2
and 3 are persons with clean antecedent and allegation is of
recovery of 134.2 liters of liquor from a semi constructed room
near a school.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.24536 of 2026(2) dt.20-04-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of local person, but then the
name of the person who disclosed the name of the petitioners is
not disclosed in the FIR which casts an aspersion on the case of
the prosecution, when petitioners have not been implicated
based on secret information. It is also submitted that police in
mechanical manner implicates and investigatges 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5000/- (Rupees Five Thousand) each 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
Patna High Court CR. MISC. No.24536 of 2026(2) dt.20-04-2026
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Doriganj P.S. Case No. 100 of 2026 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 petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner nos. 2 and 3 have antecedent of even
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his antecedent, but after verification if it is
found that petitioner no. 1 has antecedent of one case only and
petitioner nos. 2 and 3 are persons with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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