Patna High Court
Jageshwar kumar singh @ Jagesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Jageshwar Kumar Singh, was implicated in a case (Kadwa PS Case No. 300 of 2025) for allegedly possessing 70 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that his friend misused the vehicle. The State opposed his anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic/Prohibition Act, and verification of his antecedent. The order also required the petitioner to deposit Rs.1,500 with the Patna High Court Lawyers’ Association within two weeks. The bail will be confirmed if his antecedent remains clean, otherwise it may be revoked.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the context of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the ownership of the vehicle used for the alleged offence suffices to justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- liquor seizure
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3665 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- KADWA District- Katihar
======================================================
Jageshwar kumar singh @ Jagesh Kumar Singh son of Rakhal Singh Resident
of Village -Jaja Police Station -Kadwa District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
======================================================
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 offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is
of recovery of 70 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing
was recovered from his conscious possession. It is further
submitted that petitioner 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
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for committing an occurrence and thus would create
evidence against himself and hence would get implicated. It
is also submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged who also fled from the spot.
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, let 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 Kadwa P.S. Case No. 300 of 2025,
subject to the conditions as laid down under Section 438(2)
of the Cr.P.C./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 if it is found that petitioner has antecedent of even one
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case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory
bail application in that event the provisional anticipatory
bail order shall not be confirmed but if it is found on
verification that petitioner is a person with clean antecedent
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Lawyers’
Association of the Patna High Court within a period of two
weeks from today.
(Satyavrat Verma, J)
Kundan/-
U T
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