Patna High Court
Lakhindra RishiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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
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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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