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Patna High Court

Anuj Singh @ Anuj Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Anuj Singh, was implicated in a case under IPC Sections 272 and 273 and the Bihar Prohibition and Excise Act Sections 30(a), 38 and 42 for allegedly possessing 450 litres of spirit in a tractor. He argued that he was not arrested on the spot, had no conscious possession, and was not the owner of the vehicle, claiming the watchman’s testimony was the sole basis of the FIR. The State opposed his prayer for anticipatory bail. The Court considered the petitioner’s claim of a clean antecedent and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal record within six weeks. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic Substances Act.
  • Whether the circumstances of the alleged seizure and the petitioner’s lack of ownership or possession justify granting bail.
  • Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • seizure of spirit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84150 of 2025
                        Arising Out of PS. Case No.-211 Year-2023 Thana- ISUAPUR District- Saran
                 ======================================================
                 Anuj Singh @ Anuj Kumar Singh S/O Narain Singh @ Deep Narayan Singh
                 R/O Village- Gangoi, P.S.- Isuapur, Dist.- Saran
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  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 offences punishable under Sections 272 and

                   273 of the Indian Penal Code as well as Sections 30(a), 38 and

                   42 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 450 litres of spirit from a tractor.

                                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 is not the owner of the seized vehicle and came to

                   be implicated at the instance of the Chawkidar but then it is

                   submitted that if the Chawkidar was aware of the involvement
Patna High Court CR. MISC. No.84150 of 2025(2) dt.16-01-2026
                                            2/3




          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution.

                       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 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 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 Isuapur

          P.S. Case No. 211 of 2023, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       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

          confirmed but if it is found on verification that petitioner is a
           Patna High Court CR. MISC. No.84150 of 2025(2) dt.16-01-2026
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                     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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