Patna High Court

DUDHNATH SINGHversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to verification of his criminal antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Dudh Nath Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 110 litres of liquor from his auto. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware that his vehicle would be misused by another individual. The State opposed the bail, contending that the petitioner’s ownership of the vehicle linked him to the offence. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and conditioning confirmation on verification of the petitioner’s criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
What conditions should be imposed on the provisional anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24804 of 2026
                    Arising Out of PS. Case No.-507 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 DUDHNATH SINGH S/o Late Jamindar Singh R/o vill - Dhankadha, P.S.-
                 Dhoudad, Distt.- Rohtas, Bihar

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar Singh
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 110 liters of liquor from an Auto.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized Auto.

                   It is next submitted that no prudent person would use his own

                   vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.24804 of 2026(2) dt.20-04-2026
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          evidence against himself and hence would get implicated, it is

          also submitted that petitioner was completely unaware that

          Himanshu would misuse the vehicle in the manner as alleged

          who was also apprehended from the spot along with vishal.

                       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.

          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

          Akhorigola P.S. Case No. 507 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 even one case

          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 is a
            Patna High Court CR. MISC. No.24804 of 2026(2) dt.20-04-2026
                                                        3/3




                      person 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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