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Patna High Court

Amar Singh @ Amarjeet SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Amar Singh, sought anticipatory bail after the police alleged that liquor amounting to 861.5 litres was recovered from his dalan and 846.87 litres from a neighbour’s house, invoking Sections 30(a), 36 and 41 of the Bihar Excise Act. He argued that the liquor was not in his immediate possession, the dalan was a joint family property, and that the investigation was mechanically driven without proper inquiry. The State opposed the bail, contending that the offences were serious and the petitioner had prior excise cases. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to verification of his criminal antecedent within six weeks. It further directed that if more than three prior cases are found, the bail would not be confirmed, but if only three are verified, the provisional order would be made final.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the alleged contraband was not in the accused’s immediate possession.
  • Whether the petitioner’s prior criminal antecedent of three excise cases precludes the grant of anticipatory bail.
  • Whether Section 482(2) of the BNSS authorises the court to issue provisional anticipatory bail subject to later verification.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 482
  • criminal antecedent
  • liquor seizure
  • excise offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84681 of 2025
                      Arising Out of PS. Case No.-113 Year-2025 Thana- KARTAHA District- Vaishali
                 ======================================================
                 Amar Singh @ Amarjeet Singh Son of Awdhesh singh R/o vill- Thegadih PS
                 -Kartahan Dist -Vaishali Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 30(a), 36

                   and 41 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the excise act and

                   allegation is of recovery of 861.5 liters of liquor from dalan of

                   petitioner and 846.87 liters of liquor from asbestos house of Poli

                   Singh.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and dalan is a

                   place outside the house. It is next submitted that no prudent
Patna High Court CR. MISC. No.84681 of 2025(3) dt.19-01-2026
                                            2/3




          person would use his own premises for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that dalan is

          also a joint family property, hence it cannot be alleged with

          certainty that it was petitioner who had kept the liquor in the

          dalan or the liquor kept in the dalan was in his knowledge. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       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, 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.

          15,000/- (Rupees Fifteen 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 Karthan

          P.S. Case No. 113 of 2025 subject to the conditions as laid down
            Patna High Court CR. MISC. No.84681 of 2025(3) dt.19-01-2026
                                                        3/3




                      under Section 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

                      in the event if it is found that petitioner has antecedent of more

                      than three cases 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 has antecedent of three

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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