Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedent and compliance with conditions under Section 438(2) CrPC.
Summary
Ganesh Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an excise case (Begusarai Excise Case No.501 of 2025) alleging violations of Sections 30(A), 32(3) and 45 of the Excise Act. The prosecution alleged that liquor was recovered from an auto, two motorcycles and a cowshed, none of which were in the petitioner’s possession, and the case was based largely on a confessional statement made by the petitioner’s father while in police custody. The petitioner’s counsel argued that the father’s statement lacked evidentiary value and that the petitioner was not the owner of the seized vehicles. The court considered these submissions and, noting the absence of arrest and the questionable basis of the evidence, directed the petitioner to be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The order was made subject to verification of the petitioner’s criminal antecedent, with a provision that the bail could be withdrawn if more than one prior case is found.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based on recovery of liquor not in the petitioner’s possession.
- Whether a confessional statement made by a relative in police custody is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(A), 32(3), 45
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43005 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Ganesh Kumar Son of Rajendra Tanti Resident of Village -Khamhar PO-
Rajaura, PS- Begusarai Mufassil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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
Sections 30(A), 32(3) and 45 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 63 litres of liquor from an auto,
18 litres of liquor from two motorcycles and 36 litres of liquor
from a cowshed.
4. 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 even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.43005 of 2026(2) dt.03-07-2026
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and he is not the owner of any of the seized vehicle and he came
to be implicated based on confessional statement of his father in
police custody which does not have any evidentiary value. It is
also submitted that no father would implicate his own son until
pressurized.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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.5,000/- (Rupees Five 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 Begusarai Excise Case No.501 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.43005 of 2026(2) dt.03-07-2026
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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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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