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Patna High Court

Upendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner, Upendra Singh, applied for anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 390 litres of liquor were recovered from motorcycles and a bag linked to him. He argued that he was not in possession of the contraband, that the vehicles were owned by him but were misused by a friend, and that he had no knowledge of the offence. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. and other conditions. The order stipulated that if more than one prior case is found, the bail would be revoked; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the High Court Legal Services Committee.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the seized vehicle alone makes the petitioner liable for the offence.
  • Whether the court may impose conditions pending verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • provisional bail
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4237 of 2026
                        Arising Out of PS. Case No.-25 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Upendra Singh S/o Late Mewa Lal Singh R/o Village - Bheldi Nawada, Post -
                 Bheldi, P.S - Bheldi, District - Saran at Chapra, Pin - 841402

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravikant, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 390 litres of liquor from four different motorcycles

                   and from a bag. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and he came to be implicated based on the

                   fact that he is owner of one of the seized motorcycles. It is next

                   submitted that no prudent person would use his own vehicle for

                   committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.4237 of 2026(2) dt.02-02-2026
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          against himself and hence, would get implicated. It is also

          submitted that petitioner was completely unaware that his

          friend, Rahul Kumar would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          three other named accused persons.

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

          application.

                       5. 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-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Court of

          Special Excise Judge-1, Saran in connection with Garkha P.S.

          Case No.25 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

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

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then
               Patna High Court CR. MISC. No.4237 of 2026(2) dt.02-02-2026
                                                           3/3




                         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 has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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