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Patna High Court

Akhilesh Kumar Singh @ Gudar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedents.

Summary

Akhilesh Kumar Singh was implicated in an excise case for the alleged recovery of 8.64 litres of liquor from his motorcycle, although he was not caught with the liquor and was not apprehended at the spot. The petitioner argued that mere ownership of the vehicle should not constitute possession and that he was unaware of any misuse by a co‑accused. The State opposed the grant of anticipatory bail. The High Court, considering the lack of direct possession and the petitioner’s prior two excise cases, granted provisional anticipatory bail subject to a bond of Rs.10,000 and two sureties, with the condition that the trial court verify his criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in view of the facts of the excise case
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90216 of 2025
                       Arising Out of PS. Case No.-133 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Akhilesh Kumar Singh @ Gudar Singh Son of Devraj Singh Resident of
                 Village - Baletha(Kurmi Hata), Police Station - Siwan Muffasil, District -
                 Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shambhu Prasad Yadav, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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

                   petitioner has antecedent of two cases under the excise act and

                   allegation is of recovery of 8.64 liters of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.90216 of 2025(2) dt.08-01-2026
                                            2/3




          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Jitendra would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot.

                       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.

          10,000/- (Rupees Ten 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 Siwan

          Excise P.S. Case No. 133 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 event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.90216 of 2025(2) dt.08-01-2026
                                                        3/3




                      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 two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


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