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Patna High Court

Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ IndalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Indradev Kumar Singh applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 41(i) of the Bihar Excise Act relating to the alleged recovery of 3,602 litres of liquor from a truck. He contended that he was not in possession of the liquor, was not the owner of the seized vehicle and had been implicated by a hostile chowkidar, arguing that the police had not conducted a proper investigation. The State opposed the bail application. The court, after hearing both sides, ordered provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 35,000 with two sureties and that the trial court verify his criminal antecedent. The order is made under Section 482(2) of the BNSS and stipulates that if more than seven prior cases are found, the bail will not be confirmed. Consequently, the petitioner was released on provisional anticipatory bail pending verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act provisions
  • Whether the petitioner’s prior criminal antecedent of seven cases affects the grant of anticipatory bail
  • Whether the lack of possession and ownership of the seized vehicle precludes arrest

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30
  • Section 41
  • Section 482(2)
  • criminal antecedent
  • seizure
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9418 of 2026
                    Arising Out of PS. Case No.-8 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ Indal S/o Late
                 Brij Mohan Singh Resident of village - Ladaura, P.s - Kalyanpur, Dist-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar
                 For the Opposite Party/s :      Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026               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

                   41(i) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 3602 litres of liquor from a

                   truck.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.9418 of 2026(2) dt.23-02-2026
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          of Chowkidar with whom he is on an inimical term. It is next

          submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          also submitted that petitioner earlier also came to be implicated

          in a similar manner. It is further submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                   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. 35,000/- (Rupees

          Thirty-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 Kalyanpur P.S. Case

          No. 8 of 2026, subject to the conditions as laid down under

          Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.9418 of 2026(2) dt.23-02-2026
                                                          3/3




                                 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

                        seven cases 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 has antecedent of seven cases, in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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