Patna High Court
Sandeep SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of antecedents and compliance with bail bond conditions.
Summary
The petitioner, Sandeep Singh, sought anticipatory bail fearing arrest in a case alleging recovery of 303 litres of liquor from a car he owned, under Sections 318(4), 338, 336(3) of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had a clean antecedent, the vehicle was leased to Zoom Car India, and he had no conscious possession of the liquor. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, directing the trial court to verify the petitioner’s antecedents before confirming the bail. If any antecedent is found, the provisional bail would not be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite ownership of the vehicle from which liquor was seized
- Whether ownership of the vehicle alone can constitute sufficient basis for arrest and denial of bail
- Whether the trial court may condition confirmation of anticipatory bail on verification of the petitioner’s criminal antecedents
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79657 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Sandeep Singh S/o- Richhpal Singh House No - 340-1 sector - 41 A Ps- Tawn
District-Chandigarh State- Panjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh
For the Opposite Party/s : Ms. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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 offence punishable under Sections 318(4),
338, 336(3) of the BNS and Section 30(a) of Bihar Prohibition
and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 303 litres of liquor from a car. It is next submitted
that 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
Patna High Court CR. MISC. No.79657 of 2025(3) dt.19-01-2026
2/3
create evidence against himself and hence would get implicated.
It is thus submitted that the petitioner had leased the car to
Zoom Car India Company as would manifest from Annexure-3
to the anticipatory bail application but then the police in
mechanical manner investigates and implicates.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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
Sahebganj P.S. Case No.80/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.79657 of 2025(3) dt.19-01-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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