Patna High Court
Nikku Singh @ Dharmendra Singh @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
A person with a clean antecedent and no direct possession of contraband may be granted provisional anticipatory bail, subject to verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Nikku Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, where police alleged recovery of 10 litres of liquor and 7,000 litres of Jawa Mahua that were destroyed at the spot. The petitioner asserted he had a clean antecedent, no possession of the seized items, and that the alleged location did not belong to him, claiming he was implicated by a hostile chowkidar. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of antecedents under Section 482(2) of the B.N.S.S. 6. The order stipulated that if any criminal antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. This decision balances the presumption of innocence with the need to ensure compliance with bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the applicable provisions.
- Whether the circumstances of alleged possession and the petitioner’s clean antecedent justify granting bail.
- What conditions should be imposed on the anticipatory bail, including verification of antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- liquor seizure
- criminal procedure
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38370 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- ATRI District- Gaya
======================================================
Nikku Singh @ Dharmendra Singh @ Dharmendra Kumar S/o Janardhan
Singh @ Danardhan Singh Resident of Village - Maiti Tola, Alam Bigha,
P.S.0- Atri, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 Section 30(a) of
Bihar Prohibition and Excise Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from Alam Bigha in Malti Tola
along with 7000 litres of Jawa Mahua which was destroyed at
the spot. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
Patna High Court CR. MISC. No.38370 of 2026(2) dt.18-06-2026
2/3
large and he came to be implicated at the instance of chowkidar
with whom he is on an inimical term. It is also submitted that if
chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
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.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 Atri P.S. Case No.404/2025, 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 even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.38370 of 2026(2) dt.18-06-2026
3/3
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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.