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Patna High Court

Bijendra Singh @ Bijendra Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Bijendra Singh, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 32(3) of the Bihar Excise Act for alleged recovery of 459.240 litres of liquor from a premises not owned by him. He contended that he was not present at the scene, had no possession of the liquor, and was implicated solely on a confessional statement made by Dhiraj Kumar while in police custody, which he argued lacks evidentiary value. The State opposed the bail, highlighting the petitioner’s prior criminal record of six cases, three of which are under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 30,000 with two sureties and directed the trial court to verify the petitioner’s antecedent. The order further stipulated that if the antecedent exceeds six cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act despite the petitioner’s prior criminal antecedent.
  • Whether a confessional statement of a co‑accused made in police custody is sufficient to implicate the petitioner.
  • Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • criminal antecedent
  • confessional statement
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2189 of 2026
                        Arising Out of PS. Case No.-251 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Bijendra Singh @ Bijendra Kumar Singh S/o Shree Madan Singh Resident of
                 Village- Nayka Barka Baiju Tola, P.S.- Rivilganj, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashad, Advocate
                 For the Opposite Party/s :         Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   16-06-2026                  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 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases out of which three cases

                   are under the Excise Act, as would manifest from the

                   supplementary affidavit. It is next submitted that allegation is of

                   recovery of 459.240 liters of liquor from the premises of Dhiraj

                   Kumar.

                                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 even alleged
Patna High Court CR. MISC. No.2189 of 2026(5) dt.16-06-2026
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          recovery is from a house which does not belong to the petitioner

          and he has no concern or relation with Dhiraj, but then came to

          be implicated based on confessional statement of Dhiraj 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.

          30000/- (Rupees Thirty 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 Sadar

          Excise P.S. Case No. 251 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
            Patna High Court CR. MISC. No.2189 of 2026(5) dt.16-06-2026
                                                        3/3




                      event if it is found that petitioner has antecedent of more than six

                      cases 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 six cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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