Parshuram Singh @ Bhulla Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Parshuram Singh @ Bhulla Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest or surrender within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai, in connection with Dandari P.S. Case No. 122 of 2024, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions and further conditions (co-operation in investigation/trial; one bailor a family member/close relative; verification of criminal antecedents with cancellation of bail bond if concealed).

Issue for consideration

Whether the petitioner, who apprehends arrest in Dandari P.S. Case No. 122 of 2024 registered for offences under Sections 30(a), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai, in connection with Dandari P.S. Case No. 122 of 2024.

Ratio / Principle

Bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S., 2023, and further conditions: (i) co-operation in the investigation/trial; (ii) one bailor shall be a family member/close relative; (iii) the Court below shall verify the criminal antecedents and take steps for cancellation of the bail bond if concealment of antecedents is found, with verification to be done expeditiously.

Key takeaways

Grounds taken into account for granting bail: the petitioner is neither the owner nor the driver of the vehicle; his name surfaced only on a disclosure made by the local chaukidaar; there is no recovery from his physical and conscious possession; and there is no independent witness to the seizure list, violating the mandatory provisions of search and seizure.ratio¶14

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.) allowed an anticipatory bail application in CR. MISC. No.2670 of 2025 arising from Dandari P.S. Case No. 122 of 2024 (District Begusarai), registered under Sections 30(a), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, following recovery of 180 liters of foreign liquor from a pick-up van. The petitioner was noted to be neither the owner nor the driver of the vehicle; his name surfaced only on a disclosure by the local chaukidaar; there was no recovery from his physical and conscious possession; and there was no independent witness to the seizure list, violating mandatory search-and-seizure provisions. Although the State opposed citing five criminal antecedents (two of similar nature), counsel stated the petitioner was already on bail in four of the five cases. Bail was granted on a bond of Rs. 10,000/- with two like sureties before the Exclusive Special Excise Judge-1, Begusarai, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions, co-operation with investigation/trial, one bailor being a family member/close relative, and verification of antecedents with cancellation of the bond if concealed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2670 of 2025

Arising Out of PS. Case No.-122 Year-2024 Thana- DANDARI District- Begusarai

====================================================== Parshuram Singh @ Bhulla S/O Late Raj Kumar Singh @ Raj Kishor Singh @ Ram Kishor Singh R/O Vill.- Katarmala, P.S.- Dandari, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 15-05-2025

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

There is a recovery of 180 liters of foreign liquor from a pick-up van.

Learned counsel for the petitioner is neither the owner nor the driver of the vehicle and his name has surfaced on a disclosure made by the local chaukidaar. There is no recovery from the physical and conscious possession of the petitioner. There is no independent witness to the seizure list, thereby

Patna High Court CR. MISC. No.2670 of 2025(2) dt.15-05-2025 2/3

violating the mandatory provisions of search and seizure.

Learned APP for the State opposes the prayer for

anticipatory bail application on the ground that there are five criminal antecedent, out of which two are of similar nature, in response to which it is submitted by the learned counsel for the petitioner that he is on bail in four cases out of the five.

Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai, in connection with Dandari P.S. Case No. 122 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that:-

(i) the petitioner shall co-operate in the investigation/trial.

(ii) one of the bailors shall be the family member/close relative of the petitioner.

(iii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that

Patna High Court CR. MISC. No.2670 of 2025(2) dt.15-05-2025 3/3

the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

sharun/-

U T