Patna High Court
Raju SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and specified conditions.
Summary
Raju Singh applied for anticipatory bail in a case registered under Section 317(5) of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 81 litres of liquor from three motorcycles. He argued that he was not in possession of the liquor, that the motorcycles were merely owned by him, and that he was unaware of any misuse by his friend. The State opposed the bail, citing his prior three cases under the Excise Act. The Patna High Court, after considering the submissions, granted provisional anticipatory bail on the condition that he furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulates that if more than three prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted for offences under Section 317(5) of the B.N.S. and Section 30(a) of the Excise Act.
- Whether ownership of a vehicle used in the alleged offence implicates the owner for anticipatory bail purposes.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 317(5)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 317(5) B.N.S.
- Section 30(a) Excise Act
- criminal antecedent
- vehicle ownership
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84960 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Raju Singh S/O Mahesh Singh R/O Village - Murha Ghat, Ward no.-5, P.S -
Kanhauli Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 81 litres of liquor from three
motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
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seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Majorganj P. S. Case No.357 of 2025, subject to the
conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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