Patna High Court

Raju Bind @ LulhaversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner, Raju Bind, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 43 litres of liquor from a public area. He argued that the liquor was not found in his possession and the case was based solely on a confessional statement of an accused in police custody, which lacks evidentiary value. The State opposed the grant of anticipatory bail. The High Court, considering the petitioner’s clean antecedent and the weak evidential basis, ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2). The trial court was directed to verify the petitioner’s criminal antecedents; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed immediately.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
Whether the confessional statement of an accused in custody can form the basis for arrest.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30
confessional statement
clean antecedent
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1207 of 2026
                         Arising Out of PS. Case No.-593 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Raju Bind @ Lulha Son of Late Indradev Bind R/O - Bahari Begampur, Sidhe
                 Bazar Chauraha, P.S.- Bypass, Distt.- Patna.
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nityanand Kumar
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 43 litres of liquor from a sack from a place near a

                   pond. 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 is accessible to public at

                   large and he came to be implicated based on confessional

                   statement of apprehended accused in police custody which does

                   not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.1207 of 2026(2) dt.21-01-2026
                                                       2/2




                     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 before the learned Court below

                     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 Bypass

                     P.S. Case No.593/2025, 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 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/-
U      T

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