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Patna High Court

Budha Singh @ Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedents.

Summary

Budha Singh, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that liquor was recovered from a public place and not from his possession. He argued that the police relied on secret information and had not conducted a proper investigation, despite his two prior excise cases. The State opposed his anticipatory bail application. The High Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on the condition that he furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two, it would be confirmed. The application was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or revoking the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • provisional bail
  • criminal antecedent
  • secret information
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63027 of 2025
                       Arising Out of PS. Case No.-217 Year-2025 Thana- DAWATH District- Rohtas
                 ======================================================
                 Budha Singh @ Rupesh Kumar S/O Dudhnath Singh R/O Vill.- Dhawai, P.S.-
                 Dawath, Dist.- Rohtas at Sasaram

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   APP for the State.

                                  2. Petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                  3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 328.32 litres of liquor from Bangla

                   Maidan. It is next submitted 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 based on secret

                   information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.63027 of 2025(3) dt.06-01-2026
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          next submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                         4. Learned A.P.P. opposes the anticipatory bail

          application.

                         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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge Court No.-1, Rohtas at Sasaram in connection

          with Dawath P.S. Case No.217 of 2025, subject to the conditions

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

                         6. The application stands allowed.

                         7. 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 antecedents of more than two cases,
               Patna High Court CR. MISC. No.63027 of 2025(3) dt.06-01-2026
                                                           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 antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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