Patna High Court
Raja Kumar @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
Petitioner Raja Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 153.25 litres of liquor, 20 litres of spirit, and seizure of a motorcycle. The petitioner claimed a clean antecedent, no possession of the seized items, and that the allegation was based solely on a confessional statement made by another accused while in police custody, which he argued lacks evidentiary value. The State opposed the bail. The court, considering the lack of direct possession, the questionable reliability of the confessional statement, and the petitioner's clean record, granted provisional anticipatory bail subject to a Rs.500 bond with two sureties and verification of antecedents. The order also required the petitioner to deposit Rs.1,500 with the Lawyers’ Association and stipulated that if any prior case is discovered, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged Excise Act offence.
- Whether the confessional statement of an accused in police custody can be the sole basis for arrest.
- Whether the petitioner’s lack of possession of the seized liquor and vehicle justifies bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- clean antecedent
- confessional statement
- seizure of liquor
- motorcycle seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2310 of 2026
Arising Out of PS. Case No.-467 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Raja Kumar @ Raja Babu S/o- Dinesh Sah @ Dinesh Kumar Resident of
Village- Prasad PS-Panapur OP Minapur District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
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 is a person with clean antecedent and allegation is
of recovery of 153.25 litres of liquor along with 20 litres of
spirit from a rice mill and one motorcycle was also seized.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and is not the owner of the seized vehicle and he came to be
Patna High Court CR. MISC. No.2310 of 2026(2) dt.27-01-2026
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implicated based on confessional statement of Santosh in police
custody, which does not have any evidentiary value.
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.500/- (Rupees Five Hundred) 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
Minapur P. S. Case No.467 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.2310 of 2026(2) dt.27-01-2026
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not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, 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.15,00/- with
Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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