Patna High Court
Ranvir SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedent.
Summary
The petitioner, Ranvir Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), 32, 41, 56(b) and 62 of the Excise Act for alleged recovery of 438.75 litres of liquor from a godown. He contended that he has a clean antecedent, was not arrested at the scene, did not have the liquor in his conscious possession, and is neither the owner nor the renter of the godown, the allegation arising solely from the godown owner's statement. The State opposed the bail, arguing that the offences are serious under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was therefore allowed, granting provisional anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Excise Act.
- Whether the petitioner’s lack of possession of the liquor and his clean antecedent justify the grant of anticipatory bail.
- Whether a provisional bail order pending verification of criminal antecedent is appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 41, 56(b), 62
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- bail bond
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.973 of 2026
Arising Out of PS. Case No.-2869 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Ranvir Singh Son of Shri Gopal Singh Resident of Village- Bagmali Ward
No. 05, P.S.- Dighi Kala, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a), 32, 41, 56(b) and 62 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 438.75 litres of liquor from a godown.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is neither the
owner nor the renter of the godown and he came to be
implicated based on the disclosure made by the owner of the
godown that he had given the godown on rent to three persons
Patna High Court CR. MISC. No.973 of 2026(2) dt.13-01-2026
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including the petitioner. It is next submitted that police merely
based on the statement of the owner of the godown implicated
the petitioner without holding a proper investigation, when
admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Patna Excise P. S. Case No.2869 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
Patna High Court CR. MISC. No.973 of 2026(2) dt.13-01-2026
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anticipatory bail had concealed his 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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