Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Ranjan Kumar and Niraj Kumar, sought anticipatory bail fearing arrest in a case registered under Section 411 of the IPC and Section 30(a) of the Bihar Excise Act. They argued that they were not caught in possession of the alleged liquor, were not owners of the seized vehicle, and were implicated solely on a confessional statement made by a third person, Sikandar, while in police custody, which they claimed lacked evidentiary value. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed verification of the petitioners' criminal antecedents. It further stipulated that if the petitioners have more prior cases than disclosed, the bail would not be confirmed for the offending petitioner. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged offences under Section 411 IPC and Section 30(a) Bihar Excise Act.
- Whether a confessional statement of a third person in police custody can form the basis for arrest.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 411
Subjects
- anticipatory bail
- Section 411 IPC
- Bihar Excise Act
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38924 of 2026
Arising Out of PS. Case No.-376 Year-2021 Thana- KONCH District- Gaya
======================================================
1. Ranjan Kumar S/o Kishori Saw @ Kishori Kumar Gupta R/o Village - Amra
Bigha, P.S - Konch, District - Gaya
2. Niraj Kumar @ Angura Singh S/o Arvind Singh @ Manna Singh R/o Village
- Rauna Tola Shanar Bigha, P.S - Konch, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 411 of IPC
and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the Excise
Act and petitioner no. 2 has antecedent of two cases out of
which one case is under the Excise Act and allegation is of
recovery of 20 litres of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.38924 of 2026(2) dt.18-06-2026
2/3
recovered from their conscious possession and are not the owner
of the seized vehicle and they came to be implicated based on
confessional statement of Sikandar in police custody which 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 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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen 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 Konch P.S. Case No. 376 of 2021
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
Patna High Court CR. MISC. No.38924 of 2026(2) dt.18-06-2026
3/3
than three cases and petitioner no. 2 has antecedent of more than
two cases 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 anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of three cases and petitioner no. 2 has antecedent of two cases in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.