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Patna High Court

Lakhindra RishiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioners' criminal antecedents and compliance with Section 482(2) of the BNSS.

Summary

The petitioners, Lakhindra Rishi and Suryaram Murmu, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 16.5 litres of liquor from two motorcycles. They argued they had clean antecedents, were not arrested on the spot, had no possession of the liquor, and were not owners of the motorcycles, and that the case was based solely on a confessional statement made by Vinod while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties each, subject to verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS. The court directed that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The order emphasizes the need for the trial court to verify antecedents before confirming bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the allegation is based solely on a confessional statement made in police custody.
  • Whether the petitioners' lack of possession of the seized liquor and non‑ownership of the motorcycles justify the grant of anticipatory bail.
  • Whether a confessional statement recorded in police custody has evidentiary value for the purpose of denying bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • clean antecedent
  • Section 482(2)
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36913 of 2026
                        Arising Out of PS. Case No.-44 Year-2026 Thana- ANGARH District- Purnia
                 ======================================================
           1.     Lakhindra Rishi S/o Jugesh Rishi Resident of Village - Kadamkhadi Tikkar,
                  P.S. - Angrah, Dist. - Purnea.
           2.    Suryaram Murmu S/o Abbu Murmu @ Jhabbu Murmu Resident of Village -
                 Kadamkhadi Tikkar, P.S. - Angrah, Dist. - Purnea.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :       Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 16.5 litres of liquor from two motorcycles.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and are not the owner

                   of any of the seized motorcycles and they came to be implicated
Patna High Court CR. MISC. No.36913 of 2026(2) dt.16-06-2026
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          based on confessional statement of Vinod in police custody

          which does not have any evidentiary value.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each

          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 Angarh P.S. Case No. 44 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 petitioners and

          in the event if it is found that petitioners have antecedent of

          even one case then it would be presumed that petitioners, for the

          purposes of seeking anticipatory bail, had concealed their

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed with respect to

          that petitioner who had concealed his criminal antecedent before

          this Court, but after verification if it is found that petitioners are
              Patna High Court CR. MISC. No.36913 of 2026(2) dt.16-06-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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