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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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