Patna High Court
Anuj Singh @ Anuj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail should be granted, subject to conditions, as the petitioner’s involvement is tenuous and based solely on a chaukidar’s statement.
Summary
Anuj Singh sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered 9 litres of illicit liquor from a co‑accused’s premises. The petitioner argued that his name was mentioned only in a disclosure statement by a mahal chaukidar and that no liquor was found in his possession, asserting his innocence despite a prior criminal case for which he is on bail. The State opposed the bail, contending that the petitioner was involved in the offence. The Court considered the tenuous basis of the accusation and the fact that the seizure was from an abandoned location, and consequently ordered that, if arrested or surrendered within six weeks, the petitioner be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order effectively granted anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the disclosure statement of the mahal chaukidar suffices to justify arrest under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from an abandoned place implicates the petitioner.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- prohibition act
- excise law
- Section 30
- Section 482
- bail conditions
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32430 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- PANAPUR District- Saran
======================================================
Anuj Singh @ Anuj Kumar Singh S/O Jitendra Singh @ Jitendra Kumar
Singh R/O Vill.- Fakuli - Panapur, P.S - Panapur, Dist.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, on seeing the police,
two persons managed to flee away from the spot. The mahal
chaukidar disclosed their names as Jitendra Singh and Anuj
Singh (petitioner). During search of nearby place of the house of
co-accused Jitendra Singh, 9 litres of Indian made foreign liquor
was recovered.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing has been recovered from conscious possession of
the petitioner. The name of petitioner surfaced in this case only
on the basis of disclosure statement made by mahal chaukidar
Patna High Court CR. MISC. No.32430 of 2026(2) dt.13-05-2026
2/2
due to inimical term. The alleged recovery has been made from
an abandoned place and petitioner has no concern with the
seized illicit liquor. Petitioner has one criminal antecedent in
which he is on bail. Petitioner undertakes to cooperate in the
investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the facts
that the name of petitioner surfaced on the basis of disclosure
statement made by mahal chaukidar and alleged recovery was
made from an abandoned place, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Court of Special Judge
Excise-02, Saran at Chapra in connection with Panapur P.S.
Case No. 106 of 2026, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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