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Patna High Court

Anil Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Anil Kumar Singh, the owner of a vehicle from which 300 litres of liquor were recovered, was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he had a clean criminal record, was not in possession of the liquor, and that the driver had acted without his knowledge. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that Singh furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. If any prior case is discovered, the bail may be cancelled; if his antecedent remains clean, the bail will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Securities Act.

Issues considered

  • Whether anticipatory bail should be granted to the accused who is not in actual possession of the seized liquor.
  • Whether the ownership of the vehicle used for the alleged offence suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 438
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7881 of 2026
                    Arising Out of PS. Case No.-1372 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Anil Kumar Singh S/o Lalu Yadav Resident of Village- Bashekhap Tola,
                 Dhibra, P.S.- Fesar, Dist.- Aurangabad (Bihar)
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Singh, Advocate
                 For the Opposite Party/s :        Ms. Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 300 litres of liquor from an Auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is further submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.7881 of 2026(3) dt.16-03-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is next submitted that petitioner

          was completely unaware that his driver would misuse the

          vehicle in the manner as alleged who also fled from the spot.

                       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, let the petitioner, above-named, in the

          event of his arrest or surrender 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 Aurangabad Excise P.S. Case No. 1372 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.7881 of 2026(3) dt.16-03-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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