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Patna High Court

Amit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his antecedent.

Summary

The petitioner, Amit Kumar Singh, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 480 litres of liquor from his Scorpio. He argued that he had a clean antecedent, was not present at the spot of seizure, and was unaware that his driver misused the vehicle. The State opposed the bail, contending that the allegations warranted detention. The Court, considering the petitioner's clean record and the circumstances of the alleged offence, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. The order also directed the trial court to verify the petitioner's antecedent and confirm or set aside the bail accordingly.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used in the alleged offence disqualifies the petitioner from obtaining anticipatory bail.
  • Whether the petitioner's alleged clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • clean antecedent
  • vehicle ownership
  • liquor seizure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60902 of 2025
                    Arising Out of PS. Case No.-179 Year-2025 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Amit Kumar Singh S/O Nawal Kishor Singh R/O Village- Parariya, Post and
                 PS - Madanpur, District- Aurangabad.
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Gaurav, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar No. III, A.P.P.
                 ======================================================
                 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 the

                   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 480 litres of liquor from a Scorpio.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.60902 of 2025(3) dt.06-01-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his driver would misuse the vehicle in

          the manner as alleged who also fled away from the spot.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his 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.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

          Aurangabad Mufassil P.S. Case No. 179 of 2025, subject to the

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

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his 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 petitioner is a
           Patna High Court CR. MISC. No.60902 of 2025(3) dt.06-01-2026
                                                       3/3




                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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