Patna High Court
Ritesh Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedent.
Summary
Ritesh Kumar Gupta sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Non‑Excise and Bihar Excise Acts. He contended that he was falsely implicated, his name appearing only in the confessional statement of an accused who was already on regular bail, and argued that such statements lack evidentiary value. The petitioner also relied on a prior anticipatory bail order granted in a similar matter. The State opposed the relief, noting that the Excise Act generally disallows anticipatory bail. The High Court, however, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a six‑week surrender, with the trial court to verify his criminal antecedent and to cancel bail if he fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under the Bihar Excise Act.
- Whether a confessional statement of a co‑accused can constitute a basis for charging the petitioner.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- false implication
- confessional statement
- provisional bail
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1884 of 2026
Arising Out of PS. Case No.-412 Year-2024 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Ritesh Kumar Gupta Son of Binod Kumar Gupta R/O - Kharidbangali Para,
P.S.- Kharagpur, Dist.- West Midnapore, West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar Sharma
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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, 275,
123, 110, 105, 238, 61(2) of BNS and Sections 30(a), 33, 34,
37b of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of liquor from the house of accused persons as detailed
in the FIR. It is next submitted that the informant alleges that on
16-10-2024 at about 6:25 am, he received a telephonic
information that two persons had died under suspicious
circumstances and 10-15 persons were having health issues,
accordingly he reached the place of occurrence and found two
Patna High Court CR. MISC. No.1884 of 2026(2) dt.27-01-2026
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dead bodies and family members of the deceased informed that
both had consumed liquor which was purchased from Rajni
Kant Kumar.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that earlier also petitioner came
to be implicated in a similar case for which Mashrak PS Case
No. 578 of 2024 was instituted, in the said case the petitioner
had moved before this Court seeking anticipatory bail by filing
Cr. Misc No. 18034 of 2025 and the same came to be allowed
by an order dated 26-9-2025. It is further submitted that
petitioner is not named in the instant FIR and his name
transpired based the confessional statement of Deepak, who has
already been granted the privilege of regular bail by the learned
district court. It is also submitted that confessional statement of
apprehended-accused in police custody does not have any
evidentiary value. It is next submitted that when person based
on whose disclosure the name of the petitioner transpired, has
been granted the privilege of regular bail, no useful purpose
would be served by sending the petitioner to jail. It is submitted
that petitioner will not abscond rather will cooperate in the
investigation to prove his innocence. It is further submitted that
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no doubt the Excise Act prohibits anticipatory bail, but in the
nature of allegation as alleged in the FIR, prima facie no offence
under the Excise Act is made out as nothing was recovered from
the conscious possession of the petitioner and his name
transpired in the confessional statement of apprehended accused
and after 2018 amendment in the Excise Act, the concept of
deemed possession and presumed offender has been done away
with.
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. 5,000/- (Rupees
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 Bhagwanpur Hat P.S.
Case No. 412 of 2024, 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 one
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case then it would be presumed that petitioner, for the 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 one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court.
9. However, it is further made clear that in the event,
if the Investigating Officer of the case files an application before
the learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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