Patna High Court
Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties and verification of antecedent, with confirmation contingent on the petitioner having at most one prior case.
Summary
The petitioner, Shambhu Singh, sought anticipatory bail fearing arrest in a case alleging possession of 3.105 litres of liquor recovered from a motorcycle, invoking Sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He contended that the liquor was not in his conscious possession and that the motorcycle had been seized by a finance company prior to the incident, making the police investigation mechanical. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on condition of a Rs.5,000 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. It directed that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case, the bail would be confirmed forthwith. The order is provisional pending the trial court’s verification.
Issues considered
- Whether anticipatory bail can be granted when the accused is alleged owner of a vehicle from which contraband was recovered but not in his possession.
- Whether the existence of a single prior criminal case precludes the grant of anticipatory bail.
- What conditions under Section 482(2) of the Bihar Narcotic Substances Act must be imposed for anticipatory bail in such offences.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 317(5)
Subjects
- anticipatory bail
- narcotic offences
- excise law
- vehicle ownership
- bail conditions
- criminal antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32141 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Shambhu Singh S/O Kishori Singh R/o village - Pirounchha ,P.S- Gaighat ,
District -Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 offences punishable under Sections 274, 275
and 317(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 3.105 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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 petitioner had purchased the
said motorcycle from a finance company and since the
Patna High Court CR. MISC. No.32141 of 2026(3) dt.25-06-2026
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petitioner did not pay the loan amount hence the finance
company seized the motorcycle prior to the occurrence. It is
thus submitted that police in a mechanical manner investigates
and implicates.
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 for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court 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 Jaynagar P.S. Case No.
249 of 2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
Patna High Court CR. MISC. No.32141 of 2026(3) dt.25-06-2026
3/3
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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