Patna High Court
Ashok SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner's antecedent; it will be confirmed if the antecedent is clean and otherwise withdrawn.
Summary
The petitioner, Ashok Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 279 litres of liquor from a vehicle. He asserted a clean criminal record, denied ownership of the seized vehicle, and claimed he was falsely implicated by a chowkidar. The State opposed the bail. The Court, applying Section 438(2) of the Criminal Procedure Code, directed provisional bail on the condition of furnishing bail bonds and two sureties, pending verification of the petitioner's antecedent by the trial court. The order stipulated that if any prior case is found, the bail would not be confirmed; if the antecedent is clean, the bail would be confirmed forthwith. Thus, the petitioner's anticipatory bail was granted conditionally.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's claim of clean antecedent and lack of possession of the seized liquor justify the grant of bail.
- Whether the trial court's verification of the petitioner's criminal antecedent can affect the confirmation of the provisional bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- clean antecedent
- bail conditions
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74243 of 2025
Arising Out of PS. Case No.-38 Year-2024 Thana- BHORE District- Gopalganj
======================================================
Ashok Singh S/o Mahant Singh R/o Village - Lamichaur, P.S - Bhore, District
- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 1. Heard learned counsel for the petitioner as well as
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 279 liters of liquor from a car.
4. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and he
came to be implicated at the instance of Chowkidar but then it is
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
Patna High Court CR. MISC. No.74243 of 2025(2) dt.17-01-2026
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police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
it appears that the Chowkidar in order to save the real culprits
falsely implicated the petitioner.
5. The learned APP for the State opposes the
anticipatory bail application.
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 Court below
within a period of six weeks, is directed to be released on
provisional bail on his furnishing bail-bonds in the sum of
Rs.500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Additional
Sessions Judge-XIII-CumSpecial Judge, Excise-I, Gopalganj in
connection with Bhore P.S. Case No.38 of 2024, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial court thereafter
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even 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.74243 of 2025(2) dt.17-01-2026
3/3
on verification 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)
amit/-
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