Patna High Court
Satyam Ram @ Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the stipulated bail conditions.
Summary
The petitioner, Satyam Ram, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 50 litres of liquor from a motorcycle. He was not caught in possession and was implicated solely on a confessional statement made by another individual, Bhola, while in police custody, which the petitioner argued lacked evidentiary value. The petitioner applied for anticipatory bail, contending that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents, stipulating that the bail would be confirmed only if he has no more than one prior case. The order also required the petitioner to deposit Rs.2,500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted in an excise case where the only evidence is a confessional statement made in police custody.
- Whether the procedural safeguards under Section 482(2) of the BNSS and the principles of anticipatory bail under the CrPC are satisfied.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- Section 30 Bihar Excise Act
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3014 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
Satyam Ram @ Satyam Kumar Son of Makhu Ram Resident of Village -
Siswa P.S - Raxaul, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 50 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 Bhola in police custody which
does not have any evidentiary value. It is also submitted that
Patna High Court CR. MISC. No.3014 of 2026(2) dt.28-01-2026
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once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Raxaul
P.S. Case No. 223 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court 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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.3014 of 2026(2) dt.28-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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