Patna High Court
Budha Singh @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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