Patna High Court
Aman Singh @ Vivek Vishewer @ VivekversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, directing provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Aman Singh, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 77.76 litres of liquor. He argued that he has a clean antecedent, was not arrested at the scene, had no possession of the liquor, and was implicated solely on a confessional statement of a third person, which he claimed lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the confessional statement of a third person can justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89938 of 2025
Arising Out of PS. Case No.-75 Year-2023 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Aman Singh @ Vivek Vishewer @ Vivek S/o Raman Ranjan Singh Resident
of Village- Bangrahtta, P.S.- Singhiya, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Dimpal Kumari
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 77.76 litres of liquor from a car and two
motorcycle as detailed in the FIR.
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
any of the vehicle and he came to be implicated based on
confessional statement of Guddu Mandal, which does not have
Patna High Court CR. MISC. No.89938 of 2025(2) dt.17-01-2026
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any evidentiary value.
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.500/- (Rupees 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 Laheriasarai P. S. Case No.75 of 2023, 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
found that petitioner has antecedent of even one case, 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
Patna High Court CR. MISC. No.89938 of 2025(2) dt.17-01-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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