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Patna High Court

Deepak SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Deepak Singh, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 760 litres of spirit from a Bolero vehicle. He argued that he was not the vehicle's owner, was not arrested on the spot, and was implicated solely on secret information, with only one prior case on record. The State opposed his anticipatory bail application. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 and two sureties, subject to verification of his criminal antecedent by the trial court. If more than one prior case is found, the bail will not be confirmed; if only one, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments (Security) Act.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail bond
  • Cr.P.C. 438
  • B.N.S.S. 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28740 of 2026
                      Arising Out of PS. Case No.-147 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
                 Deepak Singh S/o- Satyendra Narayan Singh @ Satyanarayan Singh R/v-
                 Nima Anjan PS - Madanpur Dist- Aurangabad
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Gaurav, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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 one case and allegation is of recovery of

                   760 litres of spirit from a Bolero vehilce.

                                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

                   petitioner is not the owner of the seized vehicle and came to be

                   implicated based on the secret information which is the easiest way

                   to implicate someone without holding a proper investigation of the

                   case. It is next submitted that of late the police have started

                   implicating accused having criminal antecedent in cases relating to
           Patna High Court CR. MISC. No.28740 of 2026(2) dt.04-05-2026
                                                       2/2




                     excise for obvious reason.

                                  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.5,000/- (Rupees Five 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 Kasma P.S. Case No. 147 of 2025, 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 one case, 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

                     one case in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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