Patna High Court
Ranjit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted provisionally, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ranjit Kumar Singh, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 36 litres of liquor from a motorcycle. He asserted that he has a clean antecedent, was not arrested at the spot, did not have conscious possession of the liquor, and is not the owner of the seized vehicle, with the informant’s identity omitted from the FIR. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. It further held that if any prior case is discovered, the provisional bail would be revoked, whereas confirmation would follow if the antecedent remains clean.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify granting anticipatory bail.
- Whether the omission of the informant’s name in the FIR affects the prosecution’s case for denying bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25581 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Ranjit Kumar Singh S/o Bindeshwari Singh Resident of Village- Baraipatti,
PS- Nautan, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 is a person with clean antecedent and allegation is
of recovery of 36 litres of liquor from a motorcycle.
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 is not the owner of
the seized motorcycle 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.,
Patna High Court CR. MISC. No.25581 of 2026(2) dt.18-04-2026
2/3
which casts an aspersion on the case of the prosecution, when
admittedly petitioner is a person with clean antecedent.
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.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
ABP No.616 of 2026 arising out of Nautan P. S. Case No.249 of
2025, 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
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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.25581 of 2026(2) dt.18-04-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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