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Patna High Court

Triloki SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Triloki Singh applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act alleging recovery of 39 litres of liquor, including 4 litres from his shop. The petitioner argued he has a clean antecedent, the liquor was not found in his possession, and the allegation stemmed from a customer’s stray liquor. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The application was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the alleged Excise Act offence
  • Whether the facts disclosed justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38509 of 2026
                        Arising Out of PS. Case No.-271 Year-2025 Thana- SARAI District- Vaishali
                 ======================================================
                 Triloki Singh Son of Late Badasahi Sinjgh Resident of Sambhupur Koari,
                 Kauri, P.S.- Sarai, District- Vaishali, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aman Kumar Singh
                 For the Opposite Party/s :        Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard      learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 39 litres of liquor from three different places

                   including 04 litres of liquor from shop of the petitioner.

                                4. The 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 next submitted

                   that no prudent person would use his own premises for

                   committing a crime and thus, would create evidence against
Patna High Court CR. MISC. No.38509 of 2026(2) dt.18-06-2026
                                            2/3




          himself and hence, would get implicated. It is next submitted

          that it appears that some customer in haste left meager amount

          of liquor near the shop of the petitioner and thereafter petitioner

          came to be implicated based on secret information which is the

          easiest way to implicate someone without holding a proper

          investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Sarai P. S. Case No.271 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.38509 of 2026(2) dt.18-06-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)
vikash/-

U          T


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