Patna High Court
Raja @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s clean antecedent, and the bail will be confirmed only if no prior criminal case is found.
Summary
The petitioner, Raja Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 154.5 litres of liquor recovered from a bicycle. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and the only link to him was a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the CrPC in a case involving alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016?
- Does a confessional statement made by a co-accused in police custody constitute sufficient basis to deny anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
- confessional statement
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43347 of 2026
Arising Out of PS. Case No.-16 Year-2021 Thana- GHORASAHAN District- East
Champaran
======================================================
Raja @ Raja Kumar S/O Nawal Yadav @ Nawal Prasad @ Naval Kishor Ray
R/O Village- Agarwa, P.S- Jitna, Dist - East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harishankar Raj
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 154.500 litres of liquor from a bicycle. It is next
submitted 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 bicycle and he came to be implicated
based on confessional statement of Lalbabu in police custody
which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.43347 of 2026(2) dt.02-07-2026
2/2
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender within a period of six weeks from today,
be released on provisional anticipatory bail on furnishing bail
bonds 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 Ghorasahan
P.S. Case No.16/2021, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one case,
in that event, it would be presumed that petitioner had concealed
his antecedent before this court, as such, the 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)
amit/-
U T
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