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Patna High Court

Malkeet SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to bond, sureties and verification of clean antecedent.

Summary

The petitioners, Malkeet Singh and Randeep Singh, sought anticipatory bail fearing arrest in a case alleging they were involved in the recovery of 4,412.22 litres of liquor from a truck, with charges under IPC sections 420, 467, 468, 471, 34 and Bihar Excise Act sections 30(a), 36, 41(1). They argued they have clean antecedents, were not caught with the liquor, and were implicated solely on a confessional statement of another accused, which they claimed lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents, stating that any undisclosed antecedent would lead to denial of confirmation of bail. The order is subject to confirmation upon verification of clean antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in the liquor seizure case.
  • Whether the confessional statement of another accused can form a basis for arrest of the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Excise Act
  • liquor seizure
  • clean antecedent
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36613 of 2026
                        Arising Out of PS. Case No.-33 Year-2021 Thana- NADI P.S. District- Patna
                 ======================================================
           1.     Malkeet Singh S/o Nachattar Singh R/o House No. 04, Ground Floor Blk.
                  DP near Dav School Pritampura, P.S. - Mouraya Enclave, Distt. - North West
                  Delhi.
           2.    Randeep Singh S/o Nachattar Singh R/o House No. 04, 2nd Floor Blk. DP
                 land mark near DDA Park Pritampura, P.S. - Mouraya Enclave, Distt. -
                 North West Delhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ghanshyam Choudhary
                 For the Opposite Party/s :        Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 420, 467,

                   468, 471 and 34 of the Indian Penal Code read with Sections

                   30(a), 36 and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 4412.22 liters of liquor from a truck.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.36613 of 2026(2) dt.29-06-2026
                                            2/3




          owner of the seized truck and came to be implicated based on

          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value. It is

          reiterated and submitted that petitioners are persons with clean

          antecedent.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

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

          event of their 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) each 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 Nadi P.S.

          Case No. 33 of 2021 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 petitioners and in the

          event if it is found that any of the petitioners have antecedent of

          even one case then it would be presumed that petitioners, for the

          purposes of seeking anticipatory bail, had concealed his antecedent

          before this Court, as such, the provisional anticipatory bail order
            Patna High Court CR. MISC. No.36613 of 2026(2) dt.29-06-2026
                                                        3/3




                      shall not be confirmed with respect to the petitioner who had

                      concealed his antecedent, but after verification if it is found that

                      petitioners are persons with clean antecedent in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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