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Patna High Court

Mahendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

Mahendra Singh, a resident of Aurangabad, was implicated in a case under Sections 30(a), 30(c) and 32(3) of the Bihar Excise Act for alleged recovery of 4 litres of liquor and destruction of 60 litres of fermented jaggery solution from a hut that does not belong to him. He contended that he had no conscious possession of the contraband, that the recovery was based on secret information, and that he has a clean criminal antecedent. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision rests on the court’s discretion under Section 482(2) of the BNSS to prevent abuse of the process.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 482
  • clean antecedent
  • possession
  • secret information
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61498 of 2025
                     Arising Out of PS. Case No.-754 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Mahendra Singh S/o Late Narayan Mahto R/o Vill- Sohar Bigha, P.S.- Barun,
                 Distt- Aurangabad, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Lalbahadur Singh, Advocate
                 For the Opposite Party/s :         Mr. Nagendra Prasad, APP
                 ======================================================
                 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 offences punishable under Sections 30(a),

                   30(c) and 32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 4 liters of liquor from a hut and 60 liters of

                   fermented jaggery solution was destroyed.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession. It is also asserted

                   and submitted that the recovery was made from a hut which

                   does not belong to the petitioner and he came to be implicated
Patna High Court CR. MISC. No.61498 of 2025(3) dt.06-01-2026
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          based on secret information which is the easiest way to

          implicate someone without holding a proper investigation, when

          petitioner admittedly is a person with clean antecedent.

                       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, 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 Excise

          P.S. Case No. 754 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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 would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.61498 of 2025(3) dt.06-01-2026
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                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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