Patna High Court
Shambhu Kumar Singh @ Shambhu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to bond, sureties, and verification of antecedent.
Summary
The petitioners, Shambhu Kumar Singh and Amar Kumar Singh, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 117 litres of liquor from a public bamboo orchard. They argued they have no prior criminal record, were not caught in possession, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed their request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties each, and directed the trial court to verify the petitioners’ antecedents. If any prior case is found, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the lack of possession and clean antecedent justify anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76207 of 2025
Arising Out of PS. Case No.-95 Year-2024 Thana- SUPPI District- Sitamarhi
======================================================
1. Shambhu Kumar Singh @ Shambhu Singh Son of Late Bihari Singh R/o
village - Kansara @ Tola Kansara, P.S.- Suppi, Dist.- Sitamarhi.
2. Amar Kumar Singh @ Sonu Singh @ Saunu Singh Son of Raghuvansh
Singh R/o village - Kansara @ Tola Kansara, P.S.- Suppi, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 117 liters of liquor from a bamboo orchard.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.76207 of 2025(2) dt.09-01-2026
2/3
petitioners and is accessible to public at large. It is next
submitted that petitioners came to be implicated at the instance
of local person, but then the name of the person who disclosed
the name of the petitioners is not disclosed in the FIR which
casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Suppi
P.S. Case No. 95 of 2024 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 petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
Patna High Court CR. MISC. No.76207 of 2025(2) dt.09-01-2026
3/3
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.