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Patna High Court

Arvind Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.31489 of 2026(2) dt.15-05-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.31489 of 2026(2) dt.15-05-2026
                                                         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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