Patna High Court
Arvind Singh @ Arvind Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bonds and verification of the petitioners' criminal antecedents.
Summary
Arvind Singh and Dhuran Singh applied for anticipatory bail in a case registered under Section 111 of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 233.280 litres of liquor. They contended that they were not in possession of the seized vehicle, were not owners, and that the only incriminating evidence was a confessional statement made by a co‑accused in police custody, which they claimed lacked evidentiary value. The State opposed the bail, pointing to the petitioners' extensive prior criminal records under the Excise Act. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs 55,000 with two sureties and that the trial court verify their criminal antecedents. The order stipulated that if the verification revealed more cases than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite their prior criminal antecedents.
- Whether the confessional statement of a co‑accused made in police custody can form a basis to deny anticipatory bail.
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the trial process.
Legislation cited
- B.N.S. — s. 111
- B.N.S.S. — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 111
- Section 30(a)
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91433 of 2025
Arising Out of PS. Case No.-557 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
1. Arvind Singh @ Arvind Kumar Singh S/O Sachida Singh Resident of
Village- Barka Baiju Tola, P.S- Rivilganj, District- Saran At Chapra
2. Dhuran Singh @ Dhurandhar Prasad Singh S/O Late Ramji Singh Resident
of Village- Barka Baiju Tola, P.S- Rivilganj, District- Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 111 of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of eleven cases under the
Excise Act and petitioner no.2 has antecedent of ten cases under
the Excise Act and the allegation is of recovery of 233.280 litres
of liquor from a car.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.91433 of 2025(2) dt.13-01-2026
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recovered from their conscious possession and are not the owner
of the seized car and they came to be implicated based on
confessional statement of Pratik in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
proper investigation. It is next submitted that petitioners in
similar manner were implicated in the aforesaid cases which
became their criminal antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.55,000/- (Rupees Fifty Five Thousand) each 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 Chapra Mufassil P. S. Case No.557 of 2025,
subject to the conditions laid down under Section 482(2) of the
Patna High Court CR. MISC. No.91433 of 2025(2) dt.13-01-2026
3/3
B.N.S.S.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
eleven cases and petitioner no.2 has antecedent of more than ten
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 petitioner no.1 has antecedent of
eleven cases only and petitioner no.2 has antecedent of ten cases
only, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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