Patna High Court
Bholadani Singh @ Bholadani Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedent and compliance with the conditions imposed.
Summary
The petitioner, Bholadani Singh, sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 58.3 litres of liquor from a motorcycle he owned. He argued that the charge sheet defects had been remedied except for defect 6(2), which he requested to be ignored, and contended that he was not in possession of the liquor and was unaware of his friend's misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. It directed that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under Sections 317(5) BNS and 30(a) Bihar Excise Act.
- Whether the defect 6(2) in the charge sheet should be ignored.
- Whether the petitioner’s antecedent of two cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- anticipatory bail
- bail bond
- surety
- criminal antecedent
- vehicle ownership
- seizure of liquor
- Bihar Excise Act
- Bihar Narcotic Substances Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77295 of 2025
Arising Out of PS. Case No.-246 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Bholadani Singh @ Bholadani Kumar Singh S/o- Chanardeep Singh R/o-
Bharwa PS- Suppi District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-02-2026 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 317(5) of
BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
defects as pointed out by the office stands removed except the
defect no. 6(2), for which the learned counsel submits that the
said defect be ignored.
4. In view of the submission made by learned counsel
for the petitioner, the defect no. 6(2) as pointed out by the office
is hereby ignored.
5. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
Patna High Court CR. MISC. No.77295 of 2025(3) dt.19-02-2026
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recovery of 58.3 litres of liquor from a motorcycle.
6. 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 came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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. 10,000/- (Rupees
Ten 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 Majorganj P.S. Case
No. 246 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.77295 of 2025(3) dt.19-02-2026
3/3
9. 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 than two
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 two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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