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Patna High Court

Bhola Tiwari @ Bhola Ji TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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