Patna High Court
Sugreev SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Sugreev Singh, was implicated in a case concerning the alleged recovery of 724.28 litres of liquor from a seized vehicle, charged under several sections of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. He contended that he had a clean criminal antecedent, was not in possession of the liquor, and was merely a friend of the vehicle's owner, having left his mobile phone in the car. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's submissions, ignored the alleged defect regarding his antecedent and granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties. The order further directed that the trial court verify the petitioner’s antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The petitioner was also instructed to deposit a specified amount with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and Bihar Excise Act.
- Whether the alleged defect in the record of the petitioner’s criminal antecedent can be ignored for the purpose of granting anticipatory bail.
- Whether provisional anticipatory bail can be conditioned upon verification of the petitioner’s antecedent by the trial court.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(2), 318(4), 336(3), 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Excise Act
- seizure of liquor
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8263 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Sugreev Singh Son of Ramayan Singh R/o Village - Jagdishpur, P.S. -
Buxar(Muffasil), Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 318(2),
318(4), 336(3), 340(2) and 3(5) of the BNS, 2023 read with
Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
order impugned records that petitioner has antecedent of one case
when petitioner is a person with clean antecedent and the same has
been pleaded at Para-3 of the anticipatory bail application, as such,
it is submitted that defect, as pointed out by the office with regard
to the criminal antecedent, be ignored.
4. In view of the submissions made by the learned
counsel appearing on behalf of the petitioner, the defect as pointed
Patna High Court CR. MISC. No.8263 of 2026(2) dt.06-02-2026
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out by the office is hereby ignored.
5. It is next submitted that petitioner is a person with
clean antecedent and allegation is of recovery of 724.28 liters of
liquor from a car.
6. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle, but then is friend of Ratan Prakash who is
owner of the seized vehicle. It is further submitted that petitioner
being friend of Ratan Prakash inadvertently had left his mobile in
the car about two days back and when the car was seized, the said
mobile was found in the car, thus, the petitioner also came to be
implicated in a mechanical manner. It is further submitted that
police in cases relating to excise starts implicating mechanically
without holding a proper investigation, when petitioner admittedly
is a person with clean antecedent.
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. 500/- (Rupees
Patna High Court CR. MISC. No.8263 of 2026(2) dt.06-02-2026
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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 Buxar (Industrial) P.S.
Case No. 241 of 2025 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
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 even one case
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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
10. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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