Bhola Singh @ Ajay Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bhola Singh @ Ajay Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: upon arrest or surrender within six weeks, release on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation made contingent on trial-court verification that the petitioner has clean criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in Mohanpur P.S. Case No.65/2026 registered for an offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018, should be granted anticipatory bail.

Court's answer

In the event of arrest or surrender within six weeks, the petitioner shall be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

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

Key takeaways

If verification shows that the petitioner is a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.) - Petitioner Bhola Singh @ Ajay Kumar Singh apprehended arrest in Mohanpur P.S. Case No.65/2026 (District Samastipur) for an offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018 - Counsel pleaded clean antecedents, that the alleged recovery of 15 litres of liquor was from a bush near, but not belonging to, the petitioner's shop and thus outside his conscious possession, and that implication rested on the custodial confessional statement of one Mahavir having no evidentiary value - Court granted provisional anticipatory bail: upon arrest or surrender within six weeks, release on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S. - Confirmation of the provisional order made dependent on the trial court verifying that the petitioner has clean criminal antecedents; antecedents of even one case to be presumed as concealment before this Court, in which event the provisional order shall not be confirmed; if verified clean, the provisional order to be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41583 of 2026

Arising Out of PS. Case No.-65 Year-2026 Thana- MOHANPUR District- Samastipur

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

Bhola Singh @ Ajay Kumar Singh S/o Shri Singh @ Shri Bhagwan Singh @ Bhagawan Singh Resident of Village- Matiaur, Bishunpur, Police StationMohanpur, District - Samastipur.

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Bishweshwar Ram ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 30-06-2026

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

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 15 litres of liquor from a bush near shop of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner but then is adjacent to his shop and he came to be implicated based on confessional statement of Mahavir in police custody which does not have any evidentiary value.

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

Patna High Court CR. MISC. No.41583 of 2026(2) dt.30-06-2026 2/2

Considering the submissions made by the learned counsel for the petitioner, 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 Mohanpur P.S. Case No.65/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the 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.

(Satyavrat Verma, J)

amit/-

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