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Patna High Court

Bipin Singh @ Vipin Bihari SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to bond, sureties, and verification of their criminal antecedent.

Summary

The petitioners, Bipin Singh and Ramnath Mahto, sought anticipatory bail fearing arrest in a case registered under Section 318 of the Bihar Narcotic Substances Act, Section 30(a) of the Bihar Prohibition and Excise Act, and Section 11 of the Public Gambling Act. They contended that the alleged seizure of 10 litres of liquor and playing cards was not from their possession, that the case was based on a confessional statement made by another accused in police custody, and that they had only two prior criminal cases. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties, compliance with Section 438(2) Cr.P.C./Section 482(2) of the BNSS, verification of the petitioners' criminal antecedent, and a deposit of Rs 5,000 with the Patna High Court Lawyers’ Association. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The court thus allowed the petition for anticipatory bail with specific safeguards.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
  • Whether the confessional statement of another accused in police custody can form the basis for arrest.
  • Whether the petitioners' prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise law
  • liquor seizure
  • public gambling
  • confessional statement
  • police custody
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5412 of 2026
                     Arising Out of PS. Case No.-797 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Bipin Singh @ Vipin Bihari Singh S/o Janardan Singh R/o Village -
                  Rahimpur, P.S - Marhowrah, District - Saran at Chapra
           2.     Ramnath Mahto S/o Late Shivpal Mahto R/o Village - Mirjapur, P.S -
                  Marhowrah, District - Saran at Chapra
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 318 of the

                   BNS, Section 30(a) of the Bihar Prohibition and Excise Act as

                   well as Section 11 of the Public Gambling Act (Bengal

                   Gambling Act).

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of two cases and allegation is of

                   recovery of 10 litres of liquor from a bamboo orchard along

                   with a bundle of playing card.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.5412 of 2026(2) dt.02-02-2026
                                            2/3




          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners. It is further submitted that petitioners came to be

          implicated based on the confessional statement of apprehended

          accused, namely, Guddu Kumar in police custody which does

          not have any evidentiary value in the eye of law. It is next

          submitted that off late the police have started implicating

          accused in cases relating to excise who are having criminal

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their 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) each 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

          Marhowrah P.S. Case No. 797 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./482(2) of the

          BNSS.
           Patna High Court CR. MISC. No.5412 of 2026(2) dt.02-02-2026
                                                       3/3




                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioners have antecedent of more than two

                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners have antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioners

                     based on instruction submits that petitioners undertake to

                     deposit an amount of Rs.5,000/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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