Patna High Court
Bhola Tiwari @ Bhola Ji TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and verification of his criminal antecedents.
Summary
Bhola Tiwari applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 76.32 litres of liquor. He argued that he was not in possession of the seized car, was not the owner, and that the case against him was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order also stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is discovered. The application was allowed, granting provisional anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case under Section 30(a) Excise Act where the petitioner claims lack of possession and reliance on another accused's confessional statement.
- Whether the confessional statement of an apprehended accused can be the basis for denying anticipatory bail.
- What conditions should be imposed on provisional anticipatory bail, including verification of criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- confessional statement
- Section 438 CrPC
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2309 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SRIPUR District- Gopalganj
======================================================
Bhola Tiwari @ Bhola Ji Tiwari S/O Ramdev Tiwari @ Ramaji Tiwari
Resident of Village - Hulash Chapra, P.S. - Goreakothi, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 76.32 litres of liquor from a car.
4. The learned counsel for the petitioner submits 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 car and he came to be implicated based on
confessional statement of apprehended accused in police
custody, which does not have any evidentiary value. It is next
Patna High Court CR. MISC. No.2309 of 2026(2) dt.27-01-2026
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submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Sripur P. S. Case No.240 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.2309 of 2026(2) dt.27-01-2026
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obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.25,00/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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