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Patna High Court

Arjun DasversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                      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


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