Allowed¶20

Sudhir Kumar Singh v. The State of Bihar

Patna HC8 Dec 2025CR. MISC./79299/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Criminal Miscellaneous No.79299 of 2025; Satyavrat Verma J; 08-12-2025; Sudhir Kumar Singh; Fatehpur PS Case No.407 of 2025; District Gaya; Section 30(a) Excise Act; recovery of 30 litres of liquor from motorcycle; provisional anticipatory bail; bail-bonds Rs.500 with two sureties; Section 438(2) Cr.P.C. conditions; six weeks to surrender; verification of criminal antecedents before confirmation; application allowed.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail-bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on trial-court verification of clean antecedents. ¶20

Sudhir Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether petitioner Sudhir Kumar Singh is entitled to bail in anticipation of his arrest in Fatehpur PS Case No.407 of 2025, registered for offences punishable under Section 30(a) of the Excise Act.

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Court's answer

In the event of his arrest or surrender before the learned Court below within a period of six weeks, the petitioner is directed to be released on provisional anticipatory bail on furnishing bail-bonds in the sum of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Ratio / Principle

After accepting the provisional bail bonds, the learned trial Court shall verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of even one case, it would be presumed that the petitioner concealed his antecedent for the purposes of obtaining anticipatory bail, and the present provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If on verification it is found that the petitioner is a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted (application allowed) - Patna High Court, Criminal Miscellaneous No.79299 of 2025, decided 08-12-2025 by Satyavrat Verma, J. Petitioner Sudhir Kumar Singh sought bail anticipating arrest in Fatehpur PS Case No.407 of 2025 (Thana Fatehpur, District Gaya), registered for offences punishable under Section 30(a) of the Excise Act; allegation of recovery of 30 litres of liquor from a motorcycle. Counsel submitted that the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, he was implicated as owner of the seized motorcycle, and that one Damodar, apprehended at the spot, had misused the vehicle. Learned A.P.P. opposed. Court granted provisional anticipatory bail: on arrest or surrender before the learned Court below within six weeks, release on bail-bonds of Rs.500/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. Trial court to verify criminal antecedents after accepting the bail bonds: if antecedent of even one case is found, presumed concealment and the provisional order shall not be confirmed; if clean antecedents are verified, the provisional anticipatory bail order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79299 of 2025

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Arising Out of PS. Case No.-407 Year-2025 Thana- FATEHPUR District- Gaya

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======================================================

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Sudhir Kumar Singh Son of Late Inderdeo Singh Resident of Village-Powa, P.S.- Fatehpur, District- Gayajee

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh For the Opposite Party/s : Mr.Nand Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-12-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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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.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 30 litres of liquor from a motorcycle.

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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 he came to be implicated based on the fact that he is owner of the seized motorcycle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would

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Patna High Court CR. MISC. No.79299 of 2025(2) dt.08-12-2025 2/3

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create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that Damodar would misuse the vehicle in the manner as alleged as he was also apprehended at the spot.

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Learned A.P.P. opposes the anticipatory bail application.

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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 Fatehpur P. S. Case No.407 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶20

The application stands allowed.

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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

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Patna High Court CR. MISC. No.79299 of 2025(2) dt.08-12-2025 3/3

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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.

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(Satyavrat Verma, J)

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vikash/-

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U T

Sudhir Kumar Singh v. The State of Bihar

Case brief

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Sudhir Kumar Singh v. The State of Bihar

Case brief

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