Patna High Court
Anup Kumar Singh @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with bail bond conditions.
Summary
The petitioner, Anup Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 67.4 litres of liquor from a hut that does not belong to him. He contended that he was not apprehended at the spot, no liquor was found in his possession, and the FIR omitted the name of the informant, raising doubts about the prosecution's case. The petitioner sought anticipatory bail, arguing that the investigation was mechanically driven by local informants without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent within six weeks; if more than three prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the context of an excise offence.
- Whether the lack of recovery from the petitioner's possession and omission of the informant's name in the FIR affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent (three cases) influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7530 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Anup Kumar Singh @ Guddu Kumar S/o- Vishwanath Prasad R/O- Chitkohra
P.S.- Gardanibagh, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the excise act and
allegation is of recovery of 67.4 liters of liquor from a hut
beside Chitkohra Jai Hind Hotel.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.7530 of 2026(2) dt.23-02-2026
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then the name of the person who disclosed the name of the
petitioner is not disclosed in the FIR which casts an aspersion
on the case of the prosecution. It is also 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen 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
Gardanibagh P.S. Case No. 324 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.7530 of 2026(2) dt.23-02-2026
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than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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