Created by Fuzzy Cloud

Patna High Court

Barun Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to the conditions prescribed under Section 482(2) of the B.N.S.S. and verification of his antecedents.

Summary

Barun Kumar Singh, the petitioner, feared arrest in a case alleging recovery of 240 litres of liquor from two motorcycles, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean criminal record, was not in possession of the liquor, and was implicated merely because he owned one of the seized vehicles, claiming he was unaware of his friend's misuse of the vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 each with two sureties, and that the trial court verify his antecedents. If any prior case is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association, Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the facts of the case
  • Whether ownership of a vehicle used in the alleged offence makes the owner liable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether Section 482(2) of the B.N.S.S. permits provisional anticipatory bail subject to verification of criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4815 of 2026
                       Arising Out of PS. Case No.-252 Year-2024 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Barun Kumar Singh S/O Shivjee Singh R/O Vill- Harihansh near ( Yogi
                 Baba), P.O- Harihansh, P.S- Hussainganj, Distt.- Siwan, 841286.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jeetendra Narayan
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 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 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 240 litres of liquor from two motorcycles. It is next

                   submitted 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 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
Patna High Court CR. MISC. No.4815 of 2026(2) dt.31-01-2026
                                            2/3




          would get implicated. It is thus submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       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 before the learned Court below

          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 Rivilganj

          P.S. Case No.252/2025, 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 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
             Patna High Court CR. MISC. No.4815 of 2026(2) dt.31-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner,

                       based on instruction, submits that petitioner 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)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.