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Patna High Court

Rajnish Kumar @ Chhotu @ Sujeet Kumar @ Sumit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond conditions and verification of the petitioner’s antecedents.

Summary

The petitioner, Rajnish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 16.44 litres of liquor were allegedly recovered from a rented room of a third party, Anshu. He argued that the liquor was not in his possession, the recovery was from premises he does not own, and the only evidence was Anshu's confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s four prior excise cases. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.20,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than four prior cases are found, the bail will not be confirmed; if exactly four, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether the petitioner’s prior four excise cases affect the grant of anticipatory bail.
  • Whether the confessional statement of Anshu, made in police custody, is sufficient evidence to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • confessional statement
  • prior convictions
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10262 of 2026
                       Arising Out of PS. Case No.-228 Year-2025 Thana- Mehsoul District- Sitamarhi
                 ======================================================
                 Rajnish Kumar @ Chhotu @ Sujeet Kumar @ Sumit Kumar S/O Munna
                 Prasad R/O Village -Station Road, Ward no. -23 (New) @ ward no. -24 (old)
                 Station Road near Mehsaul Chowk, P.S. - Mehsaul, Dist. -Sitamarhi.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar
                 For the Opposite Party/s :        Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 16.44 litres of liquor from rented

                   room of Anshu. 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 and he has no concern or

                   relation with Anshu and he came to be implicated based on
Patna High Court CR. MISC. No.10262 of 2026(3) dt.16-03-2026
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          confessional statement of Anshu in police custody which does

          not have any evidentiary value. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.20,000/- (Rupees twenty 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 Mehsaul P.S. Case No.228/2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. 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 more than

          four cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.10262 of 2026(3) dt.16-03-2026
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                       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 has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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