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Patna High Court

Ritesh Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.1884 of 2026(2) dt.27-01-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.1884 of 2026(2) dt.27-01-2026
                                                          4/4




                        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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