Patna High Court
Bhola Singh @ Ajay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bhola Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging that 15 litres of liquor were recovered from a bush adjacent to his shop. He argued that he had no prior criminal record, the liquor was not found in his possession, and the only evidence against him was a confessional statement made by Mahavir while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail. The order also stipulated that if any prior case is discovered, the bail would not be confirmed. The decision hinged on the applicability of Section 482(2) of the B.N.S.S. and the principle that a clean antecedent favors bail.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2018?
- Does a confessional statement made in police custody constitute sufficient evidence to deny anticipatory bail?
- Should the petitioner’s criminal antecedent be verified before confirming the provisional bail order?
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41583 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- MOHANPUR District- Samastipur
======================================================
Bhola Singh @ Ajay Kumar Singh S/o Shri Singh @ Shri Bhagwan Singh @
Bhagawan Singh Resident of Village- Matiaur, Bishunpur, Police Station-
Mohanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
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.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor from a bush near shop of the
petitioner. 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 but then is adjacent to his shop and he
came to be implicated based on confessional statement of Mahavir
in police custody which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.41583 of 2026(2) dt.30-06-2026
2/2
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 Mohanpur
P.S. Case No.65/2026, 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 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/-
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