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Patna High Court

Tiro Kora @ Tilo KoraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

Tiro Kora applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 32 of the Excise Act, alleging recovery of 95 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and that the case was based solely on a confessional statement made by Dilkhush while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing his two prior cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of his criminal antecedent. The order further stipulated that if more than two prior cases are found, the bail would be withdrawn, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged offences under the Excise Act despite the petitioner’s prior criminal antecedents.
  • Whether a confessional statement of a third person recorded in police custody can form the basis for denying anticipatory bail.
  • What conditions may be imposed under Section 438(2) of the Cr.P.C. when granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23598 of 2026
                     Arising Out of PS. Case No.-1 Year-2026 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Tiro Kora @ Tilo Kora S/O Manik Kora Residence of village -Lathiya Kosari,
                 P.S.-PiriBazar, District- Lakhisarai.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binay Kumar
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   02-07-2026                  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

                   Sections 30(a) and 32 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 95 litres of liquor from a

                   motorcycle.

                                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 vehicle and he came to be implicated based on

                   confessional statement of Dilkhush in police custody which
Patna High Court CR. MISC. No.23598 of 2026(4) dt.02-07-2026
                                            2/3




          does not have any evidentiary value. It is next 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.10,000/- (Rupees Ten 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 Piri Bazar P. S. Case No.01 of 2026, 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 two cases,
               Patna High Court CR. MISC. No.23598 of 2026(4) dt.02-07-2026
                                                           3/3




                         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 not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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