Created by Fuzzy Cloud

Patna High Court

Bholadani Singh @ Bholadani Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.