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Patna High Court

Situ Kumar Singh @ Nishant Kumar @ Situ KumarversusThe State Of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                       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/-

U        T


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