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Patna High Court

Dipu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with bail conditions.

Summary

The petitioner, Dipu Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the liquor recovered was not in his possession and the alleged site was public. He argued that the police relied on a chowkidar’s statement without proper investigation and highlighted his six prior cases, four of which were under the Excise Act. The State opposed the bail, contending that the allegations warranted detention. Justice Satyavrat Verma granted provisional anticipatory bail, conditioning it on a bail bond of Rs.30,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents within six weeks. The order further stipulated that if more than six prior cases are found, the bail would not be confirmed, whereas confirmation would follow if the antecedent count remains at six.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the police investigation was sufficient to justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89130 of 2025
                   Arising Out of PS. Case No.-334 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Dipu Singh son of Vikram Singh @ Vikrama Singh Village- Balahata, PS-
                 Uchkagaon, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vyas Kumar Mishra
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases, out of which, four cases

                   are under the Excise Act and allegation is of recovery of 54.675

                   litres of liquor from a bush. It is next submitted that petitioner

                   was not arrested 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 is

                   accessible to public at large and he came to be implicated at the

                   instance of chowkidar but then it is submitted that if chowkidar
Patna High Court CR. MISC. No.89130 of 2025(3) dt.21-01-2026
                                            2/3




          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to institution of the

          instant FIR which casts an aspersion on the case of the

          prosecution. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.30,000/- (Rupees thirty 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

          Uchkagaon P.S. Case No.334/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.89130 of 2025(3) dt.21-01-2026
                                                         3/3




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

                       six cases, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of six

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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