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Patna High Court

Sumit Singh @ Chandan Singh @ Sumit Kumar Singh @Sumit Kumar @ ChandanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent, in accordance with Section 438(2) of the Cr.P.C.

Summary

The petitioner, Sumit Singh, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with alleged offences under Section 30(a) of the Excise Act involving the seizure of 8,863.56 litres of liquor from a truck. He asserted that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, claiming he was implicated solely on secret information. The State opposed the bail, highlighting the petitioner’s antecedent of 19 prior Excise cases. The Court, after hearing both sides, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.95,000 with two sureties, subject to verification of his criminal antecedent. It further held that if the verification reveals more than 19 prior cases, the bail would not be confirmed; otherwise, the provisional order would stand. The application was allowed, granting anticipatory bail with conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. given his prior criminal antecedents and the nature of the alleged Excise offence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33261 of 2026
                  Arising Out of PS. Case No.-44 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
                 ======================================================
                 Sumit Singh @ Chandan Singh @ Sumit Kumar Singh @Sumit Kumar @
                 Chandan S/o- Umesh Prasad Singh @ Umesh Singh R/o Village- Mahua
                 Singh Ray, Ward No. - 02, P.S.- Mahua, District- Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar
                 For the Opposite Party/s :       Ms.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of 19 cases under the Excise Act

                   and allegation is of recovery of 8863.56 litres of liquor from a

                   truck.

                                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 is not the owner of

                   the seized truck and he came to be implicated based on secret
Patna High Court CR. MISC. No.33261 of 2026(2) dt.14-05-2026
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          information which is the easiest way to implicate someone. 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. It is next

          submitted that petitioner earlier in similar manner also came to

          be implicated in cases relating to Excise.

                       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.95,000/- (Rupees Ninety 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 Industrial P. S. Case No.46 of 2026, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.33261 of 2026(2) dt.14-05-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than 19 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 19 cases, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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