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Patna High Court

Anish Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Anish Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 25.2 litres of liquor was recovered from a motorcycle. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the offence was cognizable and the petitioner could be liable. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement made in police custody, without corroboration, can form the basis for arrest.
  • Whether the petitioner’s clean antecedent warrants provisional bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition Act
  • confessional statement
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37489 of 2026
                     Arising Out of PS. Case No.-124 Year-2026 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Anish Kumar Singh Son of Sanjay Singh Resident of Village - Badheya, P.S.-
                 Mirganj, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Shahi
                 For the Opposite Party/s :       Ms. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25.2 litres of liquor from a motorcycle. It is next

                   submitted that 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 Vishal in police custody

                   which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.37489 of 2026(2) dt.17-06-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

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

                     event of his 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) 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 Mirganj P.S. Case No.124/2026, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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