Patna High Court

Aadarsh Kumar Singh @ Kishan Singh @ KishanversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent cases and compliance with bail conditions.

Summary

The petitioner, Aadarsh Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 21.620 litres of liquor from a location not belonging to him. He has three prior criminal cases, two of which are also under the excise law, and argues that no liquor was found in his possession and the FIR omits the informant’s identity. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents within six weeks. If more than three prior cases are found, the bail will not be confirmed; if three or fewer, the provisional bail will be confirmed. The order is subject to Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the petitioner’s criminal antecedents disqualify him from obtaining anticipatory bail.
Whether the deficiencies in the FIR affect the prosecution’s case.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
criminal antecedent
bail conditions
FIR
liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84895 of 2025
                        Arising Out of PS. Case No.-224 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Aadarsh Kumar Singh @ Kishan Singh @ Kishan Son of Sunil Singh
                 VIllage-Amnour, Agavan, P.S.- Amnour, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, 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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which two cases

                   are under the excise act and allegation is of recovery of 21.620

                   liters of liquor from a place near the wall of Manish Kushwaha.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he has no concern or relation with Manish, but then he came
Patna High Court CR. MISC. No.84895 of 2025(3) dt.19-01-2026
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          to be implicated at the instance of local person, but then the

          name of the person who disclosed the name of the petitioner is

          not disclosed in the 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, 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 Amnaur

          P.S. Case No. 224 of 2025 subject to the conditions as laid down

          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
            Patna High Court CR. MISC. No.84895 of 2025(3) dt.19-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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