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Patna High Court

Nikku Singh @ Dharmendra Singh @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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