Patna High Court
Ajit SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Ajit Singh, was implicated in an excise case (PS Case No.1272 of 2025) for alleged possession of 300 ml of liquor in a vehicle he owned, alleged offences under Sections 30(a) and 32(3) of the Bihar Excise Act. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that the vehicle would be misused by others. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and depositing Rs.1,500 with the Advocates’ Association, subject to verification of his criminal antecedent within six weeks. If any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Excise Act.
- Whether the facts disclosed justify the denial of anticipatory bail.
- Whether the court may impose conditions such as bail bond, sureties, and verification of antecedent before confirming anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- bail conditions
- Section 30(a) Bihar Excise Act
- Section 32(3) Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3448 of 2026
Arising Out of PS. Case No.-1272 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Ajit Singh S/o- Dhup Singh Resident of House No 123 Sector- 13 Huda
Bhawani PS-and District- Bhiwani, Haryana
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar No.6
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 300 ml of liquor from a car.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Mohit would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot along with Ritesh.
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 Excise
P.S. Case No. 1272 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 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
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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