Patna High Court
Tilak Rai @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent on the findings.
Summary
The petitioners, Tilak Rai and Videshi Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 250 litres of liquor from four vehicles. They argued that they were not caught in possession and the case was based solely on a confessional statement made by a person named Fayaz while in police custody, which they claimed lacked evidentiary value. The State opposed their request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioners' criminal antecedents within six weeks. The Court further stipulated that if petitioner No.1 is found to have more than one prior case or petitioner No.2 any prior case, the bail would be withdrawn for the offending petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a person in police custody can form the basis for arrest without other evidence.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- police custody
- criminal antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38813 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
1. Tilak Rai @ Santosh Kumar Son of Shiv Pujan Rai @ Shivpujan Ray
Resident of Village- Dahiyawa, Near Umanath Mandir, P.S.- Chapra Town,
District- Saran at Chapra.
2. Videshi Kumar @ Videshi Rai Son of Shambhu Rai Resident of Village-
Dahiyawa, Near Umanath Mandir, P.S.- Chapra Town, District- 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. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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
petitioner no. 1 has antecedent of one case and petitioner no. 2 is
a person with clean antecedent and allegation is of recovery of
250 liters of liquor from four different vehicles.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and is not the
Patna High Court CR. MISC. No.38813 of 2026(2) dt.29-06-2026
2/3
owner of any of the seized vehicles and they came to be
implicated based on confessional statement of Fayaz 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 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.
5000/- (Rupees Five Thousand) 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
Town P.S. Case No. 203 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 petitioner no. 1 has antecedent of
more than one case and petitioner no. 2 has 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
Patna High Court CR. MISC. No.38813 of 2026(2) dt.29-06-2026
3/3
anticipatory bail order shall not be confirmed with respect to the
petitioner who had concealed his antecedent, but after
verification if it is found that petitioner no. 1 has antecedent of
only one case and petitioner no. 2 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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