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Patna High Court

Ankit SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his criminal antecedent.

Summary

The petitioner, Ankit Singh, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 623.88 litres of liquor from a Scorpio and a motorcycle. He argued that he was not arrested at the spot, did not have the seized vehicles in his possession, and was implicated solely on a confessional statement made by Arjun Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties, compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and a condition that the trial court verify his criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Patna High Court Lawyers’ Association within two weeks.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 438(2) of the Cr.P.C. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the confessional statement of Arjun Kumar, made in police custody, can be the sole basis for implicating the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 438
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3480 of 2026
                        Arising Out of PS. Case No.-122 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Ankit Singh Son of Dhananjay Singh R/o Village - Datra Parsauli, P.S.-
                 Isuapur, District - Saran.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anjani Parashar, Advocate
                 For the Opposite Party/s :        Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 623.88 litres of liquor from a Scorpio and a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated based on the confessional statement of

                   Arjun Kumar in police custody which does not have any
Patna High Court CR. MISC. No.3480 of 2026(2) dt.30-01-2026
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          evidentiary value in the eye of law.

                       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, let 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 Isuapur

          P.S. Case No. 122 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that

          petitioner has antecedent of only one case in that event the

          provisional anticipatory bail order shall be confirmed forthwith.
           Patna High Court CR. MISC. No.3480 of 2026(2) dt.30-01-2026
                                                       3/3




                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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