Patna High Court

Anuj SinghversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

Anuj Singh, the owner of a motorcycle from which 8 litres of liquor were allegedly recovered, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner's criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the petitioner’s lack of possession and clean antecedent justify bail under Section 482(2) of the B.N.S.S.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
Section 482
Bihar Prohibition and Excise Act
liquor seizure
vehicle ownership
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58279 of 2025
                         Arising Out of PS. Case No.-288 Year-2024 Thana- SONO District- Jamui
                 ======================================================
                 Anuj Singh Son of Durga Singh R/O Vill- Bojhayat, P.S.- Sono, District-
                 Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8 litres of liquor from a motorcycle. It is next

                   submitted 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 vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.58279 of 2025(3) dt.06-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged.

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

          anticipatory bail of the petitioner.

                       5. 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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds 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 Sono

          P.S. Case No.288/2024, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.58279 of 2025(3) dt.06-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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