Patna High Court
Arjun DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his criminal antecedents.
Summary
Arjun Das sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly recovering 10 litres of liquor from a motorcycle. He argued that the liquor was not found in his possession, he was not the vehicle's owner, and the case was based solely on a confessional statement made by a co-accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused in police custody can form the basis for arrest.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police custody
- Section 30
- Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33565 of 2026
Arising Out of PS. Case No.-732 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
Arjun Das S/o Bhola das Resident of Village - Garahiya, P.S. - Muffasil, DIst.
- East Chamaparan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 10 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 came to be implicated based on
confessional statement of Manjay in police custody which does
not have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.33565 of 2026(2) dt.14-05-2026
2/3
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.
5000/- (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 Excise
P.S. Case No. 732 of 2026 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.33565 of 2026(2) dt.14-05-2026
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.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.