Patna High Court
Chinta Haran SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with alleged offences under Section 30(a) of the Excise Act, where recovery of 449.28 litres of liquor was reported from a public place. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s prior criminal antecedents, including two earlier excise cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to verification of his antecedents. It further held that if more than three prior cases are found, the bail would be revoked, otherwise the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the absence of recovery from the petitioner’s possession and the omission of the informant’s name in the FIR undermine the prosecution’s case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- criminal antecedent
- bail conditions
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24787 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Chinta Haran Singh Son of Narmada Singh @ Narwada Singh R/o Village -
Nayka Barka Baiju Tola, P.S. - Revilganj, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Ms.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 has antecedent of three cases out of which two
cases are under the Excise Act and allegation is of recovery of
449.28 litres of liquor from a place in front of a temple near
diyara area.
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 alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.24787 of 2026(2) dt.20-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
without holding a proper investigation and petitioner has not
been implicated based on secret information.
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.15,000/- (Rupees Fifteen 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 Revilganj P. S. Case No.101 of 2026, 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
Patna High Court CR. MISC. No.24787 of 2026(2) dt.20-04-2026
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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 more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining 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 has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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