Patna High Court
Upendra Kumar @ Chhotu @ Upendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted and granted provisional bail subject to conditions and verification of antecedent.
Summary
The petitioners applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 9.75 litres of liquor from the dhaba owned by petitioner No.2. They argued that they have clean antecedents, were not arrested at the scene, and that the liquor could have been left by a customer, not by them. The State opposed the bail. The Court considered the clean record, lack of immediate arrest, and the nature of the alleged offence, and directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedent. The order also stipulated that if any criminal antecedent is discovered, the bail would not be confirmed. The application was allowed, granting anticipatory bail subject to the stated conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioners accused of an offence under Section 30(a) of the Excise Act.
- Whether the absence of arrest and lack of possession of the alleged liquor affect the grant of anticipatory bail.
- Whether the petitioners' clean antecedent is sufficient ground for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.560 of 2026
Arising Out of PS. Case No.-100 Year-2025 Thana- Excise Dumraon District- Buxar
======================================================
1. Upendra Kumar @ Chhotu @ Upendra Kumar Singh S/O Shivdhari Singh
R/O vill.- Mandiya, P.S.- Sonvarsha, Dist.- Buxar
2. Muna Yadav @ Baliram Singh S/O Akshay Lall Yadav R/O vill.- Kirani,
P.S.- Sonvarsha, Dist.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Chandra Singh
Mr. Shankar Kumar
Mr. Radha Krishna
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 9.750 litres of liquor from Dhaba of
petitioner no.2.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession, but he came to be
Patna High Court CR. MISC. No.560 of 2026(2) dt.15-01-2026
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implicated based on the fact that he is owner of the Dhaba. It is
next submitted that no prudent person would use their own
premises for committing a crime and thus, would create
evidence against themself and hence, would get implicated and
at the same time shall bring disrepute to their business. It is
submitted that at the Dhaba, several customers come and it
might be a possibility that someone fearing the police left
meager amount of liquor and police in a mechanical manner
based on confessional statement implicated the petitioners,
when admittedly petitioners are persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) 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 Dumraon Excise P. S. Case No.100 of 2025,
subject to the conditions laid down under Section 438(2) of the
Patna High Court CR. MISC. No.560 of 2026(2) dt.15-01-2026
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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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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