Patna High Court
Nilu Singh @ Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Nilu Singh, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 126 litres of liquor from an e‑rickshaw, which he claimed he did not own or possess. He argued that the police had implicated him based on information from a spy without proper investigation. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail may be withdrawn; if exactly two, the provisional bail will be confirmed. The petitioner also agreed to deposit Rs.2,500 with the High Court Legal Services Committee.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed by the Court are appropriate under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- e‑rickshaw
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5242 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- Excise P.S. District- Munger
======================================================
Nilu Singh @ Nilesh Kumar Son of Sadanand Singh @ Sadanand Chaudhari
Resident of Village - Garhi Rampur (Gadhi Rampur), Police Station - Naya
Ram Nagar, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Sah
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 126 litres of liquor from an e-rickshaw.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized e-rickshaw and he came to be implicated at the
instance of spy but then it is submitted that once an accused is
Patna High Court CR. MISC. No.5242 of 2026(2) dt.02-02-2026
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implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
provided by spy without holding a proper investigation.
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.
10,000/- (Rupees Ten 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 Excise
P.S. Case No. 244 of 2025, 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 more
than two cases 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
Patna High Court CR. MISC. No.5242 of 2026(2) dt.02-02-2026
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anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases 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 submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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