Patna High Court
Neeraj Singh @ Neeraj 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 antecedent and compliance with the conditions imposed.
Summary
The petitioner, Neeraj Singh, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 151.44 litres of liquor from his house, which is a joint family property. He argued that he had no conscious possession of the liquor and has a clean criminal antecedent. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, directing the trial court to verify the petitioner’s antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner remains clean, the bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act
- Whether the alleged possession of liquor in a joint family house can be attributed to the petitioner
- Whether the petitioner’s clean antecedent warrants grant of bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Section 30
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32367 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- SINDHIYA District- Samastipur
======================================================
Neeraj Singh @ Neeraj Kumar Singh son of Late Ramadhar Singh Resident
of Village- Lagma, Ps- Singhiya, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 151.44 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.32367 of 2026(2) dt.13-05-2026
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knowledge and after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and she came to be implicated at the
instance of local person, but then it is submitted that if
Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
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.
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 Sindhiya
P.S. Case No. 51 of 2026 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
Patna High Court CR. MISC. No.32367 of 2026(2) dt.13-05-2026
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event if it is found that petitioner has antecedent of even 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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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