Patna High Court
Situ Kumar Singh @ Nishant Kumar @ Situ KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedents, with confirmation contingent on the findings.
Summary
The petitioner, Situ Kumar Singh, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 54 litres of liquor were recovered from a public field and not from his possession. He has a prior case under the Excise Act and argued that the police mechanically implicated him without proper investigation. The State opposed his prayer for anticipatory bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the Bihar Negotiable Securities Act. If the verification shows more than one prior case, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed immediately. The order directs the trial court to conduct the verification and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of alleged recovery of liquor from a public place justify denial of bail.
- Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- public place
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41559 of 2026
Arising Out of PS. Case No.-92 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Situ Kumar Singh @ Nishant Kumar @ Situ Kumar S/O Anil Singh @ Vinay
Kumar R/O Vill.- Parariya, P.S- Nardiganj, District - Nawadah
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 54 litres of liquor from an open field
near Samudayik Bhawan. 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 public at large and he came to be implicated at the
Patna High Court CR. MISC. No.41559 of 2026(2) dt.30-06-2026
2/3
instance of local person but then it is submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.5000/- (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 G.O. Case No.92/2021, 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 more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.41559 of 2026(2) dt.30-06-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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