Patna High Court
Surendra Singh @ Surendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
Surendra Singh applied for anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022 for alleged recovery of 354.81 litres of liquor from a vehicle he owned. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that Munna Yadav would misuse his vehicle. The petitioner also highlighted that he had antecedents in three prior cases and argued that the police were increasingly implicating individuals with prior records. The High Court, after hearing both sides, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. If more than three prior cases are found, the bail would not be confirmed. The court directed the petitioner to deposit Rs.5,000 with the Lawyers’ Association within two weeks. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022 considering his ownership of the vehicle and alleged lack of conscious possession.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedents
- Section 30(a)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5389 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- DAWATH District- Rohtas
======================================================
Surendra Singh @ Surendra Kumar Singh Son of Ram Dular Singh R/o
Village - Chhotaka Rajpur, P.S. - Tilak Rai ke Hata, Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise(Amendment) Act, 2018/2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases and allegation is of
recovery of 354.81 of liquor from a car. 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 seized vehicle.
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
Patna High Court CR. MISC. No.5389 of 2026(2) dt.02-02-2026
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also submitted that petitioner was completely unaware that
Munna Yadav would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot. It is next
submitted that off late police has started implicating the accused
who have antecedents from before not under the Excise Act.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Court No.-1, Rohtas at Sasaram in
connection with Dawath P.S. Case No.333 of 2025, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
Patna High Court CR. MISC. No.5389 of 2026(2) dt.02-02-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with Lawyers’ Association
within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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