Patna High Court
Umesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with stipulated conditions.
Summary
The petitioner, Umesh Kumar Singh, sought anticipatory bail after being implicated in a case involving the seizure of large quantities of liquor from his truck and a car, under several provisions of the Bihar Prohibition and Excise Act. He argued that he had no prior criminal record, was unaware of his driver’s alleged misuse of the vehicle, and that the liquor was not found in his immediate possession. The State opposed the bail, contending that the seizure indicated his involvement. The High Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of his criminal record and compliance with conditions under Section 482(2) of the B.N.S.S. The order also required a deposit of Rs.1500 with the Advocates’ Association. The court clarified that if any antecedent is discovered, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the seizure of liquor from his vehicle.
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for anticipatory bail denial.
- Whether the petitioner’s clean antecedent and lack of direct possession of the liquor justify granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 482(2) B.N.S.S.
- liquor seizure
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74727 of 2025
Arising Out of PS. Case No.-84 Year-2023 Thana- DIDARGANJ District- Patna
======================================================
Umesh Kumar Singh S/o Ram Sakal Singh R/o Village- Patpura, Nawadihy,
P.S.- Dihri Muffasil, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 36, 32(ii)(iii)
and 41(i)(ii) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1926 litres of liquor from a car and a bush and
639.36 litres of liquor from a truck. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
vehicle for committing an occurrence and thus, would create
Patna High Court CR. MISC. No.74727 of 2025(2) dt.30-01-2026
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evidence against himself and hence, would get implicated and,
at the same time, shall bring disrepute to his business. It is also
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged, who also
fled from the spot.
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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Court of Special
Judge Excise, Patna City, Patna in connection with Didarganj
P.S. Case No.84 of 2023, 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 bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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