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Patna High Court

Nawneet Singh @ Tuddu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nawneet Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 656.61 litres of liquor. He argued that he was not arrested, the alleged liquor was recovered from a public place, and that the police investigation was mechanically based on a watchman's information. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, and conditioned the order on verification of his criminal antecedent. If more than three prior cases are found, the bail would be revoked; if exactly three, it would be confirmed. The court also ordered the petitioner to deposit Rs.5,000 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
  • Whether the absence of arrest and the recovery of liquor from a public place justify granting bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5704 of 2026
                    Arising Out of PS. Case No.-225 Year-2025 Thana- BARURAJ District- Muzaffarpur
                 ======================================================
                 Nawneet Singh @ Tuddu Singh S/o- Umesh Singh R/v- Mahmmadpur Balmi
                 Ps- Motipur Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priyesh Kumar
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases under the Excise Act

                   and allegation is of recovery of 656.61 litres of liquor from a

                   bush.

                                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 even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.5704 of 2026(2) dt.03-02-2026
                                            2/3




          at the instance of Chaukidar, but then, it is submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       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.15,000/- (Rupees Fifteen Thousand) 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 Baruraj P. S. Case No.225 of 2025, 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 more than three cases,
               Patna High Court CR. MISC. No.5704 of 2026(2) dt.03-02-2026
                                                           3/3




                         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 antecedent of three cases only, 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.5,000/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.


                                                   (Satyavrat Verma, J)

vikash/-

U          T


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