Patna High Court
Bikram Singh @ Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
Bikram Singh applied for anticipatory bail under Section 438 of the Cr.P.C. in a case alleging offences under Sections 30(a) and 32 of the Excise Act for the alleged recovery of two litres of liquor. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred on land not owned by him, implicating him only through a watchman's testimony. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in the context of alleged Excise offences
- Whether the petitioner’s lack of arrest and absence of liquor in his possession justify bail
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- bail conditions
- criminal antecedent
- recovery of liquor
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32152 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- BACHHWARA District- Begusarai
======================================================
Bikram Singh @ Vikram Kumar S/o Late Bhuwan Singh @ Bhupeshwar
Singh @ Bhupan Singh @ Dip Narayan Singh R/o Village - Naipur, P.S. -
Bachhwara, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arjun Prasad
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 32 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 02 litres of liquor from a bush.
4. The learned counsel for the petitioner submits 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 he came to be implicated at the instance of Chaukidar with
Patna High Court CR. MISC. No.32152 of 2026(2) dt.13-05-2026
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whom he is on an inimical term. It is further submitted that if
Chaukidar was aware of the involvement of the petitioners in
the occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Bachhwara P. S. Case No.69 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.32152 of 2026(2) dt.13-05-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
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