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Patna High Court

Gulshan Kumar Singh @ Gulshan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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