Patna High Court
Arvind Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.
Summary
Arvind Kumar Singh was implicated in a case involving the seizure of 991.5 litres of liquor from seven vehicles, alleged to violate Section 109(1) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he had a clean antecedent, was not arrested at the spot, and that the liquor was not found in his conscious possession, only that he owned one of the seized vehicles. The petitioner sought anticipatory bail, arguing he was unaware of any misuse of his vehicle. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of a vehicle from which liquor was seized
- Whether the lack of conscious possession and clean antecedent justify granting anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 109
- Section 30
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31489 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
Arvind Kumar Singh Son of Ram Dular Singh Resident of Village - Ekwana,
Police Station - Barhata, District - Bhojpur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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 109(1) of
BNS and 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 991.5 litres of liquor from seven different vehicles.
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 one of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that the petitioner was
completely unaware that Akash would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Ajay.
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 Barhara P.S. Case No.135/2025, 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
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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/-
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