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Patna High Court

Mohan Kumar @ Mohan RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Mohan Kumar sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of 1,360 litres of liquor from a car. He has five prior criminal cases, three of which are excise matters, and claims he was not caught in possession nor the owner of the seized vehicle, the charge arising solely from a confessional statement made by Rahul in police custody, which he argues lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs. 25,000 with two sureties, subject to verification of his antecedent; if more than five prior cases are found, the bail will not be confirmed. The order is made under Section 482(2) of the BNSS and includes conditions for the trial court to verify the antecedent. The provisional bail will be confirmed only if the antecedent does not exceed five cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 274 and 275 of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made in police custody has evidentiary value for the purpose of granting bail.
  • Whether the petitioner’s prior criminal antecedent of five cases disqualifies him from obtaining anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • confessional statement
  • criminal antecedent
  • Section 274
  • Section 275
  • Bihar Excise Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1594 of 2026
                       Arising Out of PS. Case No.-993 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Mohan Kumar @ Mohan Rai S/o Baleshwar Rai Resident of - Diwantok
                 Terasiya, P. S - Gangabridge , District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                 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 offences punishable under Sections 274 and

                   275 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which three cases

                   are under the excise act and allegation is of recovery of 1360

                   liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized car and he came to be implicated based on
Patna High Court CR. MISC. No.1594 of 2026(2) dt.21-01-2026
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          confessional statement of Rahul 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 at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          25,000/- (Rupees Twenty Five 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 Mahua P.S. Case No. 993 of 2025 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 petitioner and

          in the event if it is found that petitioner has antecedent of more

          than five cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.1594 of 2026(2) dt.21-01-2026
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                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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