Created by Fuzzy Cloud

Patna High Court

Shipahi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions of Section 482(2) of the B.N.S.S.

Summary

Shipahi Kumar petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 270 litres of liquor from a vehicle that he does not own. He argued that the only basis for his implication was a confessional statement made by Suraj while in police custody, which he claimed lacks evidentiary value, and that no liquor was found in his possession. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether a confessional statement made in police custody, without corroboration, can justify denial of anticipatory bail.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22509 of 2026
                  Arising Out of PS. Case No.-2574 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Shipahi Kumar Son of Jairam Rai Resident of Village -Badaharwa, P.S.-
                 Muffasil, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar
                 For the Opposite Party/s :        Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 270 litres of liquor from a Maruti

                   Suzuki vehicle. It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and is not the owner of the seized vehicle

                   and he came to be implicated based on confessional statement of

                   Suraj in police custody which does not have any evidentiary

                   value. It is also submitted that once an accused is implicated in a
Patna High Court CR. MISC. No.22509 of 2026(2) dt.08-04-2026
                                            2/3




          case    relating     to    excise,      the    police   starts   implicating

          mechanically        either     through        chowkidar,    local   person,

          confessional statement or secret information without holding a

          proper investigation.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (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 Excise P.S. Case No.2574/2025, subject to the

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

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

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

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.22509 of 2026(2) dt.08-04-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.