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Patna High Court

Anshu Singh @ Anshu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally subject to a bail bond, sureties, and verification of the petitioner’s antecedents in the case of an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018-22.

Summary

The petitioner, Anshu Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018-22 for alleged recovery of 1,656 litres of beer from land adjacent to his house. He asserted a clean criminal record and that no liquor was found in his possession, arguing that the allegation was based on secret information. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018-22.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
  • What conditions may be imposed on provisional anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • clean antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82290 of 2025
                    Arising Out of PS. Case No.-1970 Year-2024 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Anshu Singh @ Anshu Kumar S/O Satendra Singh Resident of Village-
                 Bahlolpur, P.S- Paroo, Distt.- Muzaffarpur.
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sagar Kumar
                 For the Opposite Party/s :         Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018-22.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1656 litres of beer from a place adjacent to his

                   house. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner but then is adjacent to his

                   house and he came to be implicated based on secret information

                   which is the easiest way to implicate someone.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.82290 of 2025(2) dt.17-01-2026
                                                       2/2




                                  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 Excise

                     P.S. Case No.1970/2024, 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

                     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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