Created by Fuzzy Cloud

Patna High Court

Baban SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

Petitioner Baban Singh applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with alleged offences under IPC Sections 414, 272, 273 and Section 30(a) of the Excise Act involving the seizure of 3,780.72 litres of liquor from a truck and a car he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicle. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of his antecedent and compliance with conditions under Section 438(2). The court ordered the petitioner to deposit Rs.1,500 with the Advocates’ Association within two weeks. The application was allowed, with the provisional bail to be confirmed if the petitioner’s antecedent is found clean.

Issues considered

  • Whether anticipatory bail can be granted in the present case under Section 438 Cr.P.C.
  • Whether ownership of the seized vehicle implicates the petitioner in the alleged offences
  • Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail
  • What conditions may be imposed under Section 438(2) of the Cr.P.C. for anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • ownership of vehicle
  • liquor seizure
  • clean antecedent
  • provisional bail
  • Criminal Procedure Code
  • Indian Penal Code
  • Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5528 of 2026
                  Arising Out of PS. Case No.-298 Year-2023 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Baban Singh Son of Ram Bharos Singh Resident of Village- 559/2, 24,
                 Chandan Vihar West Sant Nagar, P.S.- Burari, District- North Delhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 414, 272, 273 of the I.P.C. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 3780.72 litres of liquor from a truck and a car.

                                4. The learned counsel for the petitioner submits 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 the seized car. It

                   is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.5528 of 2026(2) dt.30-01-2026
                                            2/3




          vehicle for committing a crime and thus, would create evidence

          against himself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that Sanjay

          would misuse the vehicle in the manner as alleged as he was

          also apprehended at the spot along with Niranjan.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Chiraiya P. S. Case No.298 of 2023, subject to the conditions

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

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.5528 of 2026(2) dt.30-01-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

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

Sign in to read

Checking your session…

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