Patna High Court
Gulshan Kumar Singh @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, verification of antecedents, and a deposit with the Advocates’ Association.
Summary
The petitioner, Gulshan Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 60 litres of liquor were allegedly recovered from a sack near a canal, not in his possession. He argued that the recovery was from a public area, that he was implicated solely on the basis of a chowkidar’s information, and that no proper investigation had been conducted. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.2,500 with the Advocates’ Association. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The trial court was directed to verify the antecedents and act accordingly.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged recovery of liquor without the petitioner’s possession justifies arrest.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6482 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Gulshan Kumar Singh @ Gulshan Kumar S/o Late Suresh Singh R/o Village -
Chanchaura, P.S - Chapra Muffasil, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 60 litres of liquor from a sack near a
canal. 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 villagers at
large and he came to be implicated at the instance of chowkidar
but then it is submitted that once an accused is implicated in a
Patna High Court CR. MISC. No.6482 of 2026(2) dt.04-02-2026
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case relating to excise, the police starts implicating
mechanically either through chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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.5000/- (Rupees five thousand) 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 Chapra
Muffasil P.S. Case No.607/2025, 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 more than
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
Patna High Court CR. MISC. No.6482 of 2026(2) dt.04-02-2026
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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