Patna High Court
Navin Singh @ Navin Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the petitioner having no more than three prior cases.
Summary
The petitioner, Navin Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 16.17 litres of liquor recovered from a bamboo orchard that does not belong to him. He argued that the liquor was not in his conscious possession, that the location was public and accessible to villagers, and that a hostile chowkidar had falsely implicated him. The petitioner also disclosed three prior criminal cases and sought anticipatory bail, while the State opposed the relief. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s antecedents; if more than three prior cases are found, the bail would not be confirmed. The order is subject to the provisions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.
- Whether the petitioner’s antecedent of three prior cases affects the confirmation of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42581 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- BEERPUR District- Begusarai
======================================================
Navin Singh @ Navin Kumar Singh Son of Devash Singh @ Dev Nandan
Singh Resident of Village - Parra, Police Station - Birpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases as per supplementary
affidavit and allegation is of recovery of 16.17 litres of liquor
from a bamboo orchard. 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 villagers and he came to be implicated at the instance of
chowkidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.42581 of 2026(2) dt.01-07-2026
2/3
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution.
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.15,000/- (Rupees fifteen 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 Birpur P.S. Case No.50/2026, 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 more than
three cases, 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 has antecedent of three
Patna High Court CR. MISC. No.42581 of 2026(2) dt.01-07-2026
3/3
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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