Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.
Summary
The petitioner, Om Prakash Singh, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 870.120 litres of liquor were recovered from a tractor owned by him. He contended that the liquor was not in his conscious possession and that he was unaware of the misuse of his vehicle by a person named Sonu, who was apprehended at the scene. The State opposed the bail, arguing the seriousness of the offence. The Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of his criminal record. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent justifies the grant of provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- Section 30
- Section 482
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45340 of 2026
Arising Out of PS. Case No.-159 Year-2025 Thana- Mufassil District- Purnia
======================================================
Om Prakash Singh Son of Badhudev Prasad Singh @ Badhudeb Singh
Resident of village- Bathan Kheti, P.S.- Kadwa, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 870.120 litres of liquor from a tractor.
4. Learned counsel for the petitioner submits 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 the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.45340 of 2026(2) dt.10-07-2026
2/3
create evidence against himself and hence would get implicated.
It is also submitted that the petitioner was completely unaware
that Sonu would misuse his vehicle in the manner as alleged
who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Muffasil P.S. Case No.159 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. 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
Patna High Court CR. MISC. No.45340 of 2026(2) dt.10-07-2026
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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/-
U T
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