Patna High Court
Bipin Singh @ Vipin Bihari SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 318, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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