Patna High Court
Deep Narayan Singh @ Deepu 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 and compliance with bail conditions.
Summary
The petitioner, Deep Narayan Singh, sought anticipatory bail fearing arrest in a case alleging recovery of 8,636.76 litres of liquor from three vehicles under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicles, and was implicated by a hostile chowkidar, while his earlier case had been quashed, leaving him with a clean antecedent. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and conditions under Section 482(2) of the CrPC, directing verification of his criminal antecedents and filing of an affidavit regarding the quashed prior case. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending liquor seizure case
- Whether the petitioner’s alleged lack of possession and prior quashed case justify granting bail
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition Act
- criminal antecedent
- Section 30
- Section 274
- Section 275
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45493 of 2026
Arising Out of PS. Case No.-252 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Deep Narayan Singh @ Deepu Singh S/o Late Noonu Lal Singh @ Nunnu
Singh R/o Village - Majlipur Mathura, Mathura Majlispur, P.S. - Bidupur,
District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 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 and
Sections 274, 275 of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case but then the case has been
quashed as such petitioner as of date is a person with clean
antecedent and allegation is of recovery of 8636.76 litres of
liquor from three 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
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any of the seized vehicle and he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
also 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.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 Bidupur P.S. Case No.252 of 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 petitioner at the time of
surrender shall also file an affidavit bringing on record the order
by which Bidupur P.S. Case No.158 of 2020 under sections 323,
341, 324, 307 and 34 of the Indian Penal Code read with Section
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27 of the Arms Act was quashed.
7. 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/-
U T
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