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Patna High Court

Dipti Singh @ Ranjan Singh @ Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents, and conditioned confirmation of bail on a clean criminal record.

Summary

The petitioner, identified as Dipti Singh (also known as Ranjan Singh and Ranjan Kumar), feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 6.800 litres of liquor were recovered from his motorcycle. He argued that he had a clean antecedent and that the liquor was not in his conscious possession, asserting that he was implicated merely because he owned the vehicle used by a friend who fled the scene. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, pending verification of the petitioner’s criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether ownership of the vehicle used in the alleged offence suffices to justify arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • clean antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29111 of 2026
                     Arising Out of PS. Case No.-77 Year-2026 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Dipti Singh @ Ranjan Singh @ Ranjan Kumar S/o Balram Singh @ Baliram
                 Singh R/o Village - Itimha, Nasriganj, Ward no. 05, P.S. - Nasriganj, Dist. -
                 Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajani Kant Singh
                 For the Opposite Party/s :      Ms. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6.800 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested 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 vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.29111 of 2026(2) dt.30-04-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.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 Excise Case No.812/2026, arising out of

          Bikramganj Excise P.S. Case No.77/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.29111 of 2026(2) dt.30-04-2026
                                                         3/3




                       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)
amit/-

U        T


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