Patna High Court
Vijay Singh @ Bijendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Vijay Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, alleging that liquor was recovered from four vehicles but none was found in his possession and he is not the owner of the vehicles. He claimed the case was mechanically filed based on a hostile chowkidar’s information and that he has five prior excise cases. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedents. If more than five prior cases are found, the bail will not be confirmed; if exactly five are found, the bail will be confirmed. The order is subject to Section 482(2) of the Bihar Narcotic and Smuggling Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 482
- criminal antecedent
- seizure of liquor
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43357 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- KARJA District- Muzaffarpur
======================================================
Vijay Singh @ Bijendra Singh S/o Sunil Singh R/o Vill- Phanda @ Bishunpur
Phanda, P.S.- Karja, Distt- Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nachiketa Jha
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 Sections 30(a), 41,
47 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 4274.160 litres of liquor from four
different vehicles. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of any of the seized
vehicles 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.43357 of 2026(2) dt.02-07-2026
2/3
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.25,000/- (Rupees twenty 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 Karja P.S. Case
No.46/2026, 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
five 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
Patna High Court CR. MISC. No.43357 of 2026(2) dt.02-07-2026
3/3
on verification it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.