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Patna High Court

Harekishun Singh @ Hare Kishan SinghversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed.

Summary

Harekishun Singh applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 152.625 litres of liquor from a house not owned by him. He argued that the recovery was based solely on a confessional statement made by Babu Saheb Singh while in police custody, which he claimed lacked evidentiary value, and that no liquor was found in his possession. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents by the trial court. If the trial court finds more than two prior cases, the bail will be withdrawn; if only two or fewer, the bail will be confirmed. The application for anticipatory bail was allowed conditionally.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the confessional statement of a co-accused made in police custody can be the sole basis for implicating the petitioner
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1399 of 2026
                    Arising Out of PS. Case No.-106 Year-2025 Thana- SAKATPUR District- Darbhanga
                 ======================================================
                 Harekishun Singh @ Hare Kishan Singh S/O Dileep Singh @ Dilip Singh
                 R/O- Tardih, P.s.- Sakatpur, Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 152.625 litres of liquor from house

                   of Babu Saheb Singh. 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 house

                   which does not belong to the petitioner and he came to be

                   implicated based on confessional statement of Babu Saheb

                   Singh in police custody, which does not have any evidentiary
Patna High Court CR. MISC. No.1399 of 2026(2) dt.21-01-2026
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          value. It is also submitted that once an accused is implicated in a

          case    relating     to    excise,      the    police   starts   implicating

          mechanically either at the instance of Chowkidar, local person,

          confessional statement or secret information without holding a

          proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Court of

          Exclusive Special Judge-II, (Excise Act), Darbhanga in

          connection with Sakatpur P.S. Case No.106 of 2025, subject to

          the conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedents of more than two cases,
               Patna High Court CR. MISC. No.1399 of 2026(2) dt.21-01-2026
                                                           3/3




                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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