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Patna High Court

Sandeep Singh @ Sandeep Kumar SinghversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Sandeep Singh, sought anticipatory bail fearing arrest in an excise case involving alleged recovery of 1,252.8 litres of liquor from various vehicles. He argued that he was not in possession of the seized liquor, did not own the vehicles, and his implication rested solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offences under Sections 30(a) and 32(3) of the Bihar Excise Act and the petitioner’s extensive criminal antecedent. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 95,000 bond, two sureties of equal amount, and subject to verification of the petitioner’s antecedent by the trial court. It further directed that if the trial court finds the petitioner has more than nineteen prior cases, the bail may be cancelled, otherwise the provisional order would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not in immediate possession of the seized liquor and the primary evidence is a confessional statement of another accused.
  • Whether the petitioner’s extensive criminal antecedent precludes the grant of anticipatory bail.

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85598 of 2025
                    Arising Out of PS. Case No.-900 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Sandeep Singh @ Sandeep Kumar Singh S/O Late Fulgend Singh @
                 Fulgendra Singh R/O Vill.- Phanda, P.S.- Paroo, Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vaishnavi Singh
                 For the Opposite Party/s :        Mr.Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-01-2026               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) and

                   32(3) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of nineteen cases but then petitioner

                   was acquitted in three cases and came to be implicated in 11

                   cases of Excise and allegation is of recovery of 155.520 litres of

                   liquor from a 4-wheelers and a scooty, 172.800 litres of liquor

                   from a tractor along with 924.480 litres of liquor from a place

                   where a tractor was parked as such total liquor recovered is

                   1252.800 litres.

                             4.    Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.85598 of 2025(3) dt.17-01-2026
                                            2/3




          petitioner was not arrested from the spot as such nothing was

          recovered from his conscious possession and is not the owner of

          any of the seized vehicles and he came to be implicated based

          on confessional statement of apprehended-accused in police

          custody which does not have any evidentiary value. 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.

          95,000/- (Rupees Ninety-five 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

          Excise P.S. Case No. 900 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
              Patna High Court CR. MISC. No.85598 of 2025(3) dt.17-01-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than

                        nineteen 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 nineteen cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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