Patna High Court
Arun Sah @ Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Arun Sah, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 43.590 litres of liquor from a shop not owned by him. He argued that he was not arrested at the scene, had no possession of the liquor, and was implicated solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s prior four excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case involving alleged excise offences.
- Whether the confessional statement of a co‑accused made in police custody is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the premises affect the bail decision.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- police procedure
- criminal antecedent
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33626 of 2026
Arising Out of PS. Case No.-232 Year-2026 Thana- BANIAPUR District- Saran
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Arun Sah @ Arun Kumar S/o Kanhaiya Prasad Resident of Village- Chetan
Chapra, Kanhauli, P.S.- Baniyapur, District- Saran (wrongly described as
village Paigambarpur, Budhiya Mai Ke Pas)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
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 the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 43.590 liters of liquor from shop of
Vikash Kumar.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.33626 of 2026(2) dt.14-05-2026
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and petitioner has no concern or relation with Vikash and came
to be implicated based on confessional statement of Vikash in
police custody which does not have any evidentiary value. It is
also submitted that 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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 20000/- (Rupees Twenty 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 Baniyapur P.S. Case No. 232 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 four
Patna High Court CR. MISC. No.33626 of 2026(2) dt.14-05-2026
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cases 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 anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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