Malkeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36613 of 2026 Arising Out of PS. Case No.-33 Year-2021 Thana- NADI P.S. District- Patna ====================================================== 1.
Malkeet Singh S/o Nachattar Singh R/o House No. 04, Ground Floor Blk. DP near Dav School Pritampura, P.S. - Mouraya Enclave, Distt. - North West Delhi.
2.
Randeep Singh S/o Nachattar Singh R/o House No. 04, 2nd Floor Blk. DP land mark near DDA Park Pritampura, P.S. - Mouraya Enclave, Distt. - North West Delhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Choudhary For the Opposite Party/s :
Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code read with Sections 30(a), 36 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 4412.22 liters of liquor from a truck.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.36613 of 2026(2) dt.29-06-2026 2/3 owner of the seized truck and came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is reiterated and submitted that petitioners are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 500/- (Rupees Five Hundred) each 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 Nadi P.S. Case No. 33 of 2021 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 petitioners and in the event if it is found that any of the petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order
Patna High Court CR. MISC. No.36613 of 2026(2) dt.29-06-2026 3/3 shall not be confirmed with respect to the petitioner who had concealed his antecedent, but after verification if it is found that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T