Patna High Court
Akhilesh Kumar Singh @ Gudar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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
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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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