Patna High Court
Mohan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
Mohan Singh sought anticipatory bail after being implicated in a case involving alleged seizure of 630 litres of liquor and two motorcycles, with offences under IPC sections 272, 273, 414 and 34 read with Section 30(a) of the Bihar Excise Act. He argued that he had a clean antecedent, that the liquor was recovered from a mango orchard belonging to another person, and that he was only the owner of one of the seized vehicles, unaware of any misuse by a friend. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and deposit Rs. 1,500 with the Advocates’ Association, subject to verification of his criminal antecedent under Section 482(2) of the CrPC. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending criminal case
- Whether the ownership of a seized vehicle implicates the petitioner in the alleged offences
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- criminal antecedent
- seizure of liquor
- vehicle ownership
- IPC
- Bihar Excise Act
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4560 of 2026
Arising Out of PS. Case No.-298 Year-2024 Thana- BABUBARHI District- Madhubani
======================================================
Mohan Singh S/O Baue Lal Singh R/O Village- Selra, P.s.- Jaynagar, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offences punishable under Sections 272, 273,
414 and 34 of the Indian Penal Code read with Section 30(a) of
the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 630 liters of liquor from a mango orchard of Subodh
Yadav and two motorcycles were seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.4560 of 2026(2) dt.31-01-2026
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and he came to be implicated based on the fact that he is owner
of one of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
would get implicated, it is also submitted that petitioner was
completely unaware that his friend would misuse the vehicle in
the manner as alleged.
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 before the learned Trial Court
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
Babubarhi P.S. Case No. 298 of 2024 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
Patna High Court CR. MISC. No.4560 of 2026(2) dt.31-01-2026
3/3
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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