Patna High Court
Nilu singh @ Nilkamal singh @ Nil kamalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail can be granted subject to conditions and verification of the petitioner’s antecedent, and it will be confirmed only if the antecedent does not exceed three prior cases.
Summary
The petitioner, Nilu Singh, sought anticipatory bail in a case under the Bihar Excise Act alleging recovery of liquor from a rice mill not owned by him. He argued that he was not arrested at the scene, no liquor was found in his possession, and the case was based on secret information without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds and sureties, and the trial court verifies his criminal antecedent. The court stipulated that if the petitioner has more than three prior excise cases, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act where the accused claims lack of possession and reliance on secret information.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c), 30(d), 32(3), 41(a), 41(b)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Criminal Procedure Code
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32853 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Nilu singh @ Nilkamal singh @ Nil kamal S/o Laljee Singh R/o Village -
Sonbarsa, P.S. - Obra, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 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 Sections 30(a),
30(c), 30(d), 32(3), 41(a), 41(b) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 4.680 litres of liquor from a rice mill
godown along with 280 litres of spirit and other articles as
detailed in the FIR.
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 even the alleged
recovery is from a mill which does not belong to the petitioner
Patna High Court CR. MISC. No.32853 of 2026(2) dt.15-05-2026
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and he came to be implicated based on secret information
which is the easiest way to implicate someone. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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. 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 Daudnagar Excise P.S.
Case No. 303 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
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
Patna High Court CR. MISC. No.32853 of 2026(2) dt.15-05-2026
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before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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