Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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