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Patna High Court

Amar Raj @ Jai Kishun @ Kishan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Amar Raj, sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Sections 30(a), 32(i) and 41(i) of the Bihar Excise Act, alleging recovery of 4,406.6 litres of liquor from a truck. He contended that he was not arrested on the spot, no liquor was found in his possession, he was not the vehicle owner, and the case was based solely on a confessional statement of an accused in police custody, which he argued lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The court stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; if exactly three, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged excise offences and prior criminal antecedents.
  • Whether a confessional statement of an accused in police custody can form the basis for implicating another person.
  • Whether the police investigation was sufficient to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • confessional statement
  • police investigation
  • criminal antecedent
  • Bihar Excise Act
  • Bihar Narcotic Substances Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41672 of 2026
                       Arising Out of PS. Case No.-1091 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
                 Amar Raj @ Jai Kishun @ Kishan Kumar S/O Pramod Singh @ Sunil Kumar
                 Resident of Madhopur Nijma/ Nijhma, Chitwara Kapoor/ Chitvara/Chhatwara
                 alias Chitwara, Police station-Mahua, District -Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Kumar
                 For the Opposite Party/s :        Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               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 274, 275

                   and 3(5) of BNS and Sections 30(a), 32(i) and 41(i) of the Bihar

                   Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 4406.6 litres of liquor from a truck.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.41672 of 2026(2) dt.03-07-2026
                                            2/3




          confessional statement of apprehended-accused 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 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.

          15,000/- (Rupees Fifteen 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

          Mahua P.S. Case No. 1091 of 2025, 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

          than three cases then it would be presumed that petitioner, for
              Patna High Court CR. MISC. No.41672 of 2026(2) dt.03-07-2026
                                                          3/3




                        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 three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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