Created by Fuzzy Cloud

Patna High Court

Arvind SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioners' criminal antecedents.

Summary

The petitioners, Arvind Singh and Mukesh Yadav, were implicated in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor and raw material. They applied for anticipatory bail, arguing that the alleged contraband was recovered from a location not belonging to them and that no arrest was made at the spot, thus there was no conscious possession. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and ordered verification of the petitioners' criminal antecedents. The order stipulated that if verification shows petitioner 1 has more than one prior case or petitioner 2 has any prior case, the bail would not be confirmed; otherwise, the bail would be confirmed. The decision reflects the Court’s balancing of the right to liberty with the need to ensure compliance with bail conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in view of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of recovery from the petitioners' conscious possession and the location of the contraband affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • criminal antecedent
  • conscious possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27257 of 2026
                          Arising Out of PS. Case No.-946 Year-2025 Thana- FATUA District- Patna
                 ======================================================
           1.     Arvind Singh S/o- Late Chhatrapati Singh Resident of Village- Raipur
                  Balwa Lachu Tola PS- Fatuha District- Patna
           2.     Mukesh Yadav @ Mukesh Kumar S/o- Tinku Kumar @ Tinku Yadav
                  Resident of Village- Raipur Balwa (Balwa Tal) PS- Fatuha District- Patna
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Megha Singh, Advocate
                                                   Mr. Kumar Rohit, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                   1. Heard Ms. Megha Singh, 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 Sections 30(a) and

                   30(d) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                 3. Ms. Megha Singh, learned Advocate appears for

                   the petitioners and submits that petitioner no. 1 has antecedent

                   of one case under the Excise Act and petitioner no. 2 is a person

                   with clean antecedent and allegation is of recovery of 9 litres of

                   liquor concealed under the straw near cattle shed of petitioner

                   no. 1 alogn with 2100 litres of raw material which was

                   destroyed and 7 litres of liquor was also recovered from two
Patna High Court CR. MISC. No.27257 of 2026(2) dt.23-04-2026
                                            2/3




          different places.

                       4. Learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners but then is adjacent to the cattle shed of petitioner no.

          1 and they came to be implicated at the instance of the 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 the secret information.

                       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 appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (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 Fatuha P.S. Case No. 946 of 2025, subject to the conditions
           Patna High Court CR. MISC. No.27257 of 2026(2) dt.23-04-2026
                                                       3/3




                     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 petitioners

                     and if it is found that petitioner no. 1 has antecedent of more

                     than one case and petitioner no. 2 has antecedent of even one

                     case, it would be presumed that petitioners had concealed their

                     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 no. 1 has antecedent of only one case and petitioner

                     no. 2 is a person with clean antecedent, in that event, the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.