Patna High Court

Parshotam SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

Petitioner Parshotam Singh feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 144 litres of liquor from a vehicle. He asserted he had sold the vehicle before the incident and had no conscious possession of the liquor, and he possessed a clean criminal record. The State opposed his anticipatory bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision was based on the provisions of Section 482(2) of the BNSS and related statutes.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting provisional anticipatory bail

Legislation cited

BNSS — s. 482(2)
Motor Vehicle Act — s. 29, 30

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
clean antecedent
provisional bail
Section 30(a)
Motor Vehicle Act
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.760 of 2026
                    Arising Out of PS. Case No.-48 Year-2019 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Parshotam Singh S/O Deo Raj Resident of Plot No. 19, New M.S. Block,
                 Mohan Garden, P.S.- Mohan Garden, District- Dwarka, New Delhi

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Saurav Anand
                 For the Opposite Party/s :      Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026               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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 144 litres of liquor from a vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he had sold the

                   vehicle to one Vijay Kumar Bharti much prior to the occurrence

                   and from 29 and 30 under the Motor Vehicle Act was also

                   applied online and the same was accepted by the Transport
Patna High Court CR. MISC. No.760 of 2026(2) dt.15-01-2026
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          Department, Government of Delhi, as would manifest from

          Annexure-2 to the anticipatory bail application. It is further

          submitted that police in a mechanical manner implicates without

          investigating the case in its correct perspective.

                   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.

          500/- (Rupees Five Hundred) 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 Kotwali

          P.S. Case No. 48 of 2019, 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 even one case

          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 is a
              Patna High Court CR. MISC. No.760 of 2026(2) dt.15-01-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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