Shambhu Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shambhu Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each upon arrest or surrender within six weeks, subject to Section 482(2) BNSS conditions; confirmation by the trial court subject to verification of criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Jaynagar P.S. Case No. 249 of 2025 for offences under Sections 274, 275 and 317(5) of BNS and Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each, to the satisfaction of the trial court, in connection with Jaynagar P.S. Case No. 249 of 2025, subject to the conditions under Section 482(2) of the BNSS.

Ratio / Principle

The learned trial court shall verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of more than one case, it would be presumed that he concealed his antecedent before this Court for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, after verification, the petitioner is found to have antecedent of one case only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, single judge (Satyavrat Verma, J) - Petitioner apprehending arrest in Jaynagar P.S. Case No. 249 of 2025 (District Madhubani) for offences under Sections 274, 275 and 317(5) of BNS and Section 30(a) of the Bihar Excise Act - allegation of recovery of 3.105 litres of liquor from a motorcycle; petitioner's case that he was not arrested from the spot, nothing was recovered from his conscious possession, he was implicated only as owner of the seized vehicle, and the motorcycle had been seized by the finance company for non-payment of loan prior to the occurrence - provisional anticipatory bail granted on arrest or surrender within six weeks on bail bond of Rs. 5,000 with two sureties of the like amount, subject to Section 482(2) BNSS conditions - trial court to verify criminal antecedents: if more than one antecedent case is found, concealment before the High Court to be presumed and provisional bail not to be confirmed; if only one antecedent case is found, provisional anticipatory bail to be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32141 of 2026

Arising Out of PS. Case No.-249 Year-2025 Thana- JAYNAGAR District- Madhubani

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

Shambhu Singh S/O Kishori Singh R/o village - Pirounchha ,P.S- Gaighat , District -Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash For the Opposite Party/s : Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 25-06-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274, 275 and 317(5) of BNS and Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 3.105 litres of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the 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 vehicle. It is next submitted that petitioner had purchased the said motorcycle from a finance company and since the

Patna High Court CR. MISC. No.32141 of 2026(3) dt.25-06-2026 2/3

petitioner did not pay the loan amount hence the finance company seized the motorcycle prior to the occurrence. It is thus submitted that police in a mechanical manner investigates and implicates.

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

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Jaynagar P.S. Case No. 249 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has

Patna High Court CR. MISC. No.32141 of 2026(3) dt.25-06-2026 3/3

antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Sumit/-

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