Patna High Court
Sandeep Singh @ Sandeep Kumar SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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