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Patna High Court

Anish Singh @ Anish Kumar Singh @ Rajnish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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