Patna High Court
Basant Singh @ Basant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to a bail bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Basant Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 41(1) of the Excise Act, alleging that liquor was recovered from a vehicle he did not own and that he was not arrested on the spot. He disclosed a criminal antecedent of fourteen cases, twelve of which relate to the Excise Act. The State opposed the bail, arguing the seriousness of the offences and the petitioner’s prior record. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.70,000 with two sureties and that the trial court verify his antecedent. The order further stipulated that if the antecedent exceeds fourteen cases, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s extensive criminal antecedent and the nature of the offences under the Excise Act.
- Whether the lack of possession of the seized liquor and non‑ownership of the vehicle affect the grant of anticipatory bail.
- Whether the trial court may condition confirmation of anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- criminal antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87514 of 2025
Arising Out of PS. Case No.-955 Year-2024 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Basant Singh @ Basant Kumar Singh Son of Rajesh Singh Resident of
Village- Rampur Kala, PS- Phulwariya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma
Mr. Vyas Kumar Mishra
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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
Sections 30(a) and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of fourteen cases out of which 12
cases are under the Excise Act and allegation is of recovery of
108.315 litres of liquor from an Alto car.
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 is not the owner of
the seized car and he came to be implicated based on secret
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information, which is the easiest way to implicate someone. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
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.70,000/- (Rupees Seventy 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 Gopalganj Town P. S. Case No.955 of 2024,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
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 fourteen 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 fourteen cases only, in that
event, the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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