Patna High Court
Mintu @ Mintu BaithaversusThe State of Bihr
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed.
Summary
Mintu Baitha sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 750 ml of liquor from a person named Meghnath. The petitioner claimed he had no possession of the liquor and no direct involvement, and the only evidence was a confessional statement of Meghnath made in police custody, which the petitioner argued 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 and directed verification of the petitioner’s criminal antecedent within six weeks. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a co-accused’s confessional statement made in police custody.
- Whether the petitioner’s alleged lack of possession and clean antecedent justify granting anticipatory bail under Section 30(a) of the Bihar Excise Act.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37942 of 2026
Arising Out of PS. Case No.-80 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Mintu @ Mintu Baitha S/o Asarf Baitha R/o Village - Dharihara, P.S.
-Dhariyapur, District - Saran(Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari Singh
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 750 ml of liquor from Meghnath.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37942 of 2026(2) dt.17-06-2026
2/3
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from Meghnath with whom petitioner has no
concern or relation, but then he came to be implicated based on
confessional statement of Meghnath 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 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.
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 Sri
Krishnapuri P.S. Case No. 80 of 2024 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.37942 of 2026(2) dt.17-06-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.