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Patna High Court

Brijesh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Brijesh Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 31.98 litres of liquor from a motorcycle registered in his wife's name. He argued that he was not arrested at the spot, had no liquor in his conscious possession, and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail, contending that the allegations warranted detention. The Court, considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and verification of his criminal antecedent within six weeks. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case exists, the bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the registration of the vehicle in the petitioner's wife's name suffices to implicate him.
  • Whether the petitioner's criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle registration
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37515 of 2026
                 Arising Out of PS. Case No.-319 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Brijesh Singh S/o Bachan Singh Resident of Village- Siyaruan, P.S.-
                 Ramgarh, District- Kaimur (Bhabhua)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Parth Gaurav
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and allegation is of

                   recovery of 31.98 litres of liquor from a motorcycle.

                             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 the seized vehicle was

                   registered in the name of his wife. It is next submitted that no

                   prudent person would use the vehicle registered in the name of
Patna High Court CR. MISC. No.37515 of 2026(2) dt.17-06-2026
                                            2/3




          his wife with an intent to commit the occurrence knowing that

          his wife would get implicated. It is further submitted that

          petitioner was completely unaware that his friend would misuse

          the vehicle in the manner as alleged.

                   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. 5,000/- (Rupees

          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 Ramgarh P.S. Case

          No. 319 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 more than 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 has
              Patna High Court CR. MISC. No.37515 of 2026(2) dt.17-06-2026
                                                          3/3




                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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