Patna High Court
Hira SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.
Summary
The petitioner, Hira Singh, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 alleging recovery of 48 litres of liquor near the Narhan river. He contended that he has a clean antecedent, that the liquor was not found in his possession, and that the FIR omitted the name of the informant, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with the condition that the trial court verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify anticipatory bail
- Whether the omission of the informant’s name in the FIR affects the validity of the prosecution’s case
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- clean antecedent
- FIR omission
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31889 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- EXCISE ROSERA District- Samastipur
======================================================
Hira Singh Son of Khakhru Singh @ Chandrashekhar Singh Resident Of
Village- Narhan Ward No 13, P.s.- Vibhutipur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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
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 48 litres of liquor from a place near Narhar river. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and is accessible to villagers at large and
he came to be implicated at the instance of local person but then
it is submitted that the name of the person who disclosed the
Patna High Court CR. MISC. No.31889 of 2026(2) dt.12-05-2026
2/3
name of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution, when petitioner has not
been implicated based on secret information and is a person
with clean antecedent.
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 Rosera Excise P.S. Case No.25/2026, 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.31889 of 2026(2) dt.12-05-2026
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/-
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