Patna High Court

Surendra SinghversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

Surendra Singh was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 27.720 litres of liquor from his motorcycle. He argued that he had no prior criminal record, the liquor was not in his conscious possession, and he was unaware of his friend’s misuse of the vehicle. The State opposed his request for anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail on the condition that Singh furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify his antecedent; if any prior case is found, the bail would be cancelled, otherwise it would be confirmed.

Issues considered

What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the alleged excise offence?
Whether the petitioner’s clean antecedent and lack of direct possession of the liquor justify provisional anticipatory bail?

Subjects

anticipatory bail
excise offence
liquor seizure
clean antecedent
provisional bail
motor vehicle
Section 30
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90387 of 2025
                 Arising Out of PS. Case No.-90 Year-2025 Thana- EXCISE JAGDISHPUR District- Bhojpur
                 ======================================================
                 Surendra Singh Son of Ramanand Singh Resident of Village- Pachhim Tola
                 Maharaja P.S.- Sahpur, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh
                 For the Opposite Party/s :      Mr.Rajesh Kumar
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27.720 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.90387 of 2025(2) dt.08-01-2026
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          would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged.

                   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.

          500/- (Rupees Five Hundred) 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 Excise

          Jagdishpur P.S. Case No. 90 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 even one case

          then it would be presumed that petitioner, for the 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 is a
              Patna High Court CR. MISC. No.90387 of 2025(2) dt.08-01-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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