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Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Banti Kumar, sought anticipatory bail after being implicated in offences under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of large quantities of liquor from a government building and a vehicle. He argued that he was not arrested at the scene, had no possession of the liquor or the vehicle, and that the case against him relied solely on a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than five prior cases, the bail will not be confirmed; if only five, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code.
  • Whether the reliance on a confessional statement of another accused provides sufficient ground for arrest.
  • Whether the petitioner’s criminal antecedent of five cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23164 of 2026
                        Arising Out of PS. Case No.-547 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Banti Kumar Son of Ramnandan Prasad @ Ramnandan Yadav Resident of
                 Village - Jagatnandanpur, Bhandari, Police Station - Rahui, District - Nalanda.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Ejaz Akhter, Advocate
                 For the Opposite Party/s :        Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 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 offences punishable under Sections 30(a), 41

                   and 56 of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 727.5

                   litres of liquor from a government building of Waste

                   Management Institute and 636 litres of liquor from a Maruti

                   Suzuki Vehicle.

                                4. 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
Patna High Court CR. MISC. No.23164 of 2026(2) dt.08-04-2026
                                            2/3




          the seized vehicle and even the alleged recovery of 727.5 litres

          of liquor is from a government building and he came to be

          implicated based on the confessional statement of apprehended

          accused in police custody which does not have any evidentiary

          value in the eye of law. It is next submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

          It is also submitted that petitioner in similar manner earlier came

          to be implicated in cases relating to excise.

                       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 appearing on behalf of the petitioner, let 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.25,000/-

          (Rupees Twenty-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 Bihar

          Sharif P.S. Case No. 547 of 2025, subject to the conditions as
           Patna High Court CR. MISC. No.23164 of 2026(2) dt.08-04-2026
                                                       3/3




                     laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than five

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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