Allowed¶20

Raja singh @ Kumar Gautam v. The State of Bihar

Anticipatory bail – Patna High Court, Satyavrat Verma, J

Patna HC27 Apr 2026CR. MISC./16176/2026

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Case brief

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What is this about?

Keywords: anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise (Amendment) Act, 2022, Section 30(a); liquor recovery 14.920 litres; Athmalgola P.S. Case No. 286 of 2025; Patna; Section 438(2) Cr.P.C.; Section 482(2) B.N.S.S.; clean antecedent verification; bail bond Rs.500; confessional statement of co-accused; deemed possession. Use for: excise-offence anticipatory bail grants made conditional on antecedent verification by the Trial Court.

What did the court decide?

Provisional anticipatory bail upon arrest or surrender 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./482(2) B.N.S.S. conditions; confirmation subject to Trial Court verification of clean criminal antecedent. ¶20

Raja singh @ Kumar Gautam Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Athmalgola P.S. Case No. 286 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, should be released on anticipatory bail.

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Court's answer

Petitioner, in the event of his arrest or surrender within six weeks, to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each to the satisfaction of the learned Trial Court in connection with Athmalgola P.S. Case No. 286 of 2025, subject to the conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

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Ratio / Principle

The learned Trial Court shall thereafter verify the criminal antecedent of the petitioner; if even one case is found, it would be presumed the petitioner concealed his antecedent before this Court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification finds the petitioner to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Satyavrat Verma, J — CR. MISC. No.16176 of 2026, decided 27-04-2026 — Petitioner Raja singh @ Kumar Gautam apprehended arrest in Athmalgola P.S. Case No. 286 of 2025 (District Patna), registered for offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 — allegation of recovery of 14.920 litres of liquor from possession of Sheikh Nasiruddin in an auto; petitioner claimed not arrested from spot, not owner of vehicle, implicated on basis of confessional statement of apprehended accused — Held: petitioner to be released on provisional anticipatory bail on arrest or surrender within six weeks, on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S. — Trial Court to verify criminal antecedent: if even one case found, provisional order not to be confirmed (concealment presumed); if clean antecedent verified, provisional order to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16176 of 2026

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Arising Out of PS. Case No.-286 Year-2025 Thana- ATHMALGOLA District- Patna

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

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Raja singh @ Kumar Gautam Son of Vijay Singh R/o Village - Langarpur, P.S. - Barh, Dist. - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 27-04-2026

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 14.920 litres of liquor from possession of Sheikh Nasiruddin in an auto.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the seized vehicle and came to

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be implicated based on the confessional statement of apprehended accused, namely, Sheikh Nasiruddin in police

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Patna High Court CR. MISC. No.16176 of 2026(3) dt.27-04-2026 2/3

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custody which does not have any evidentiary value in the eye of law. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds 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 Athmalgola P.S. Case No. 286 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

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However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order

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Patna High Court CR. MISC. No.16176 of 2026(3) dt.27-04-2026 3/3

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shall not be confirmed but if it is found on verification 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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Kundan/-

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U T

Raja singh @ Kumar Gautam v. The State of Bihar

Case brief

What is this about?

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Raja singh @ Kumar Gautam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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