Patna High Court
Anish Singh @ Anish Kumar Singh @ Rajnish 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, Anish Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32 and 41(i) of the Bihar Excise Act concerning the alleged recovery of 960 litres of spirit from a force‑traveller vehicle. He argued that he was not arrested on the spot, had no possession of the seized goods, was not the vehicle owner, and that the case was based solely on a confessional statement made by Vijay Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than five prior cases are found, the bail will not be confirmed; if exactly five, the provisional bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act offenses.
- Whether the confessional statement of a co‑accused, made in police custody, can be the sole basis for arrest.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32, 41(i)
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior convictions
- bail conditions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37250 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
======================================================
Anish Singh @ Anish Kumar Singh @ Rajnish Kumar S/o Ranju Singh @
Ranju Kumar Singh R/o vill - Tedha, P.S. - Isuapur, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), 32
and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 960 litres of spirit from a force
traveller vehicle.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Vijay Kumar in police custody which
Patna High Court CR. MISC. No.37250 of 2026(2) dt.29-06-2026
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does not have any evidentiary value. It is further 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 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. 25,000/- (Rupees
Twenty-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 Parsa P.S. Case No.
97 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 five
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
Patna High Court CR. MISC. No.37250 of 2026(2) dt.29-06-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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