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Patna High Court

Sharma SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

Sharma Singh applied for anticipatory bail after the police alleged that 164.16 litres of liquor were recovered from his poultry farm in violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that the liquor was actually recovered from a location adjacent to his farm and that he was not in possession, contending that the police had not conducted a proper investigation. He also highlighted his three prior cases under the Excise Act, asserting that this should not automatically preclude bail. The State opposed the bail, citing the alleged offence and the petitioner’s criminal antecedent. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to verification of the petitioner’s antecedent; if more than three prior cases are found, the bail may be withdrawn, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in a case involving alleged recovery of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior three cases under the Excise Act affect the grant of anticipatory bail.
  • Whether the recovery of liquor from premises adjacent to the petitioner’s farm constitutes sufficient ground for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25556 of 2026
                        Arising Out of PS. Case No.-88 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 Sharma Singh Son of Hari Nayan Singh @ Harnarayan Singh R/O Vill.- Usti,
                 P.S.- Baniyapur, District- Saran at Chapra
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr. Humayou Ahmad Khan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 164.16 litres of liquor from the

                   poultry farm of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that no prudent person would use his own business premises for

                   committing an occurrence and, thus, would create evidence

                   against himself and, hence, would get implicated. It is next
Patna High Court CR. MISC. No.25556 of 2026(2) dt.21-04-2026
                                            2/3




          submitted that though it is alleged that 164.16 litres of liquor

          was recovered from the poultry farm of the petitioner but then

          the same was recovered from a place adjacent to the poultry

          farm but since petitioner has antecedent under the Excise Act, as

          such, he came to be implicated by the police at the instance of

          the local person and Chawkidar without holding a proper

          investigation of the case.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds 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 Jalalpur P.S.

          Case No. 88 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than
           Patna High Court CR. MISC. No.25556 of 2026(2) dt.21-04-2026
                                                       3/3




                     three cases, it would be presumed that petitioner had concealed

                     his antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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