Patna High Court
Bipul Singh @ Vipul RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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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