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Patna High Court

Bipul Singh @ Vipul RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bond conditions and verification of the petitioner’s antecedent cases.

Summary

Bipul Singh, the petitioner, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 414.72 litres of liquor. He claimed he was not in possession of the seized liquor, was not arrested at the spot, and was implicated by a watchman with whom he has a hostile relationship. The petitioner also highlighted his five prior cases under the Excise Act, arguing that the police investigation was perfunctory. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC to a person with five prior Excise Act cases?
  • Whether the petitioner’s alleged lack of possession and the role of the watchman affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • prior convictions
  • bail bond
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9783 of 2026
                     Arising Out of PS. Case No.-195 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Bipul Singh @ Vipul Rai Son of Manager Rai Resident of Village- Sihorwa,
                 P.S.- Yadopur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghav Prasad
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 414.72 litres of liquor from five

                   cycles from a place near bank of Soti river.

                                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 not the owner of

                   any of the seized bicycles and he came to be implicated at the

                   instance of Chaukidar with whom he is on an inimical term. It is
Patna High Court CR. MISC. No.9783 of 2026(2) dt.15-04-2026
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          further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution. 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 a proper investigation. It is also

          submitted that petitioner earlier also came to be implicated in

          cases relating to excise in similar manner.

                       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.25,000/- (Rupees Twenty 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 Yadopur P. S. Case No.195 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.9783 of 2026(2) dt.15-04-2026
                                                           3/3




                                      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 more than five cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedent of five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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