Created by Fuzzy Cloud

Patna High Court

Diwesh Singh @ Dhandhan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Diwesh Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a vehicle not owned by him and that the case relied on a confessional statement of another accused. He has 16 prior criminal cases, three of which relate to the Excise Act, and contended that no seizure was made from his possession and that the police investigation was inadequate. The State opposed the bail. The Court granted provisional anticipatory bail on condition that the petitioner furnish a bail bond of Rs.80,000 with two sureties and that the trial court verify his criminal antecedents. If the antecedent count exceeds 16, the bail will not be confirmed; if it is exactly 16, the bail will be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Securities Act.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the alleged offence is under the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Does the petitioner’s prior criminal antecedent affect the grant of anticipatory bail?
  • Whether the evidence (confessional statement of another accused and lack of seizure from petitioner) is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • criminal antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35178 of 2026
                    Arising Out of PS. Case No.-240 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Diwesh Singh @ Dhandhan Singh Son of Late Bharat Singh Resident of
                 village- Renu Bigha PS -Aurangabad Muffasil District -Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Devesh Kumar Singh
                 For the Opposite Party/s :     Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026                  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 offence punishable under Sections 30(a), 33,

                   34 of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 16 cases, out of which, 3 cases are

                   under the Excise Act and allegation is of recovery of 163.5 litres

                   of liquor from XUV 500 vehicle. It is next submitted 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 vehicle and he came to be implicated based on the

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.35178 of 2026(3) dt.25-06-2026
                                            2/3




          custody which does not have any evidentiary value. It is also

          submitted that of late police has started implicating accused

          having criminal antecedent in cases relating to excise for

          obvious reason, without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.80,000/- (Rupees eighty 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 Town P.S. Case No.240/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than 16

          cases, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of 16
             Patna High Court CR. MISC. No.35178 of 2026(3) dt.25-06-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.