Patna High Court
Anuj Singh @ Anuj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
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
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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
3/3
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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