Patna High Court
Indradev Kumar Singh @ Indradev Kumar @ Indal Kumar @ IndalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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