Patna High Court
Ravi PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(A)
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
2/3
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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