Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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