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Patna High Court

Amitabh Ray @ Amitabh Bachchan @ Amitabh Bachchan Rai @ Amitav Bachchan Ray @ Amitav RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to specified bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Amitabh Ray, sought anticipatory bail fearing arrest in a case registered under IPC sections 420, 467, 468, 471 and 120B and Section 30(a) of the Bihar Excise Act, relating to alleged recovery of 4,428.72 litres of liquor. He argued that he was not caught in possession and that the only basis for his implication was a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail, highlighting the seriousness of the offences and the petitioner’s ten prior criminal cases, eight of which were under the excise law. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 50,000 with two sureties and a condition that the trial court verify the petitioner’s antecedent; if more than ten prior cases are found, the bail will not be confirmed. The petitioner was also directed to deposit Rs 15,000 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under IPC and the Bihar Excise Act despite the petitioner’s prior criminal antecedent.
  • Whether the confessional statement of another accused can form a basis for implicating the petitioner.
  • Whether the conditions imposed by the Court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • excise law
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3942 of 2026
                   Arising Out of PS. Case No.-457 Year-2021 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Amitabh Ray @ Amitabh Bachchan @ Amitabh Bachchan Rai @ Amitav
                 Bachchan Ray @ Amitav Ray S/o Upendra Ray R/o Village - Terasiya, P.S -
                 Ganga Bridge, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 420, 467,

                   468, 471 and 120B of the Indian Penal Code read with Section

                   30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of ten cases out of which eight cases

                   are under the excise act and allegation is of recovery of 4428.72

                   liters of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.3942 of 2026(2) dt.29-01-2026
                                            2/3




          owner of the seized vehicle and he came to be implicated based

          on confessional statement of apprehended accused in police

          custody which does not have any evidentiary value. It is also

          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 petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          50,000/- (Rupees Fifty Thousand) 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 Sugauli

          P.S. Case No. 457 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 petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.3942 of 2026(2) dt.29-01-2026
                                                        3/3




                      than ten cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of ten

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      15,000/- with Advocates’ Association, Patna High Court within

                      a period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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