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Patna High Court

Chunnu Singh @ Monu Singh @ Manu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with bond and sureties, subject to verification of antecedents, and stipulated conditions for its confirmation.

Summary

The petitioner, Chunnu Singh, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of liquor and a motorcycle from a public place not owned by him. He argued that he was not in possession of the seized items, the informant’s name was omitted from the FIR, and the investigation was mechanically conducted without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than four prior cases are found, the bail would not be confirmed; if exactly four, it would be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the alleged lack of possession and procedural deficiencies.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming the bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • provisional bail
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82662 of 2025
                 Arising Out of PS. Case No.-132 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Chunnu Singh @ Monu Singh @ Manu Singh S/O Ramashankar Singh R/O
                 Villaged- Majhariya, P.S- Buxar (Industrial), Distt.- Buxar.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar Pandey
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava
                 ======================================================
                 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.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 179.005 litres of liquor from a bush

                   along with a motorcycle. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and is not the owner of the seized

                   vehicle and even alleged recovery is from a place which does

                   not belong to the petitioner and is accessible to public at large

                   and he came to be implicated at the instance of local person but
Patna High Court CR. MISC. No.82662 of 2025(2) dt.17-01-2026
                                            2/3




          then the name of person who disclosed the name of the

          petitioner is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.20,000/- (Rupees twenty thousand) 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.132/2025, 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 more than
             Patna High Court CR. MISC. No.82662 of 2025(2) dt.17-01-2026
                                                         3/3




                       four cases, 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 has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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