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Patna High Court

Ravi PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.

Summary

Ravi Prasad applied for anticipatory bail in a case under Section 30(A) of the Excise Act concerning the alleged recovery of 35 litres of liquor from a motorcycle. He argued that he was not in custody, had no possession of the liquor, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The petitioner also asserted a clean criminal antecedent. The court permitted deletion of a mistaken paragraph about custody and, after considering the submissions, granted provisional anticipatory bail subject to bail bonds of Rs.500 with two sureties and compliance with Section 438(2) of the Cr.P.C. The trial court was directed to verify the petitioner’s antecedent, confirming the bail if clean and revoking it if any prior case is found.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not yet arrested.
  • Whether the petitioner’s alleged criminal antecedent affects the grant of anticipatory bail.
  • Whether a confessional statement of another accused provides sufficient basis for the charge.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38974 of 2026
                      Arising Out of PS. Case No.-191 Year-2026 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Ravi Prasad S/o Chandeswar Prasad R/o Indrapuri, Road No. 2, Near Baba
                 Chauk, P.S.- Patliputra, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Asfar Imam
                 For the Opposite Party/s :       Ms.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(A) of the Excise Act.

                                3. It is next submitted that inadvertently at Para-4, it

                   has been pleaded that petitioner is in custody since 13.04.2026,

                   when petitioner is seeking anticipatory bail. It is thus submitted

                   that petitioner be permitted to delete Para-4 from anticipatory

                   bail application during course of the day.

                                4. Permission is accorded.

                                5. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 35 litres of liquor from a motorcycle.
Patna High Court CR. MISC. No.38974 of 2026(2) dt.18-06-2026
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                       6. The learned counsel for the petitioner submits 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 motorcycle and he came to be implicated based on

          confessional statement of apprehended accused in police

          custody which does not have any evidentiary value.

                       7. Learned A.P.P. opposes the anticipatory bail

          application.

                       8. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Patliputra P. S. Case No.191 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       9. The application stands allowed.

                       10.        It is made clear that the learned trial Court

          after accepting the provisional bail bonds of the petitioner shall

          verify the criminal antecedent of the petitioner and in the event,
               Patna High Court CR. MISC. No.38974 of 2026(2) dt.18-06-2026
                                                           3/3




                         if it is found that petitioner has antecedent of even one case,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present 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)
vikash/-

U          T


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