Patna High Court
Rahul Singh @ Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with bail bond conditions.
Summary
Petitioner Rahul Singh sought anticipatory bail after learning that he may be arrested in a case involving alleged seizure of 4,406.4 litres of liquor from a truck, under Sections 274, 275 and 3(5) of the Bihar Narcotic/Excise Act and Sections 30(a), 32(i) and 41(i) of the Bihar Excise Act. He argued that he was not caught in possession, was not the owner of the truck, and that the only link to him was a confessional statement made by another accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail, citing his extensive criminal antecedent of 23 prior excise cases. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs 1,00,000 with two sureties and directed verification of his antecedent; if more than 23 cases are found, the bail would not be confirmed. The petitioner was also directed to deposit Rs 10,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is implicated solely on a co-accused's confessional statement.
- Whether the petitioner’s prior criminal antecedent of 23 excise cases precludes anticipatory bail.
- Whether the police investigation, lacking direct seizure from the petitioner, satisfies the requirements for arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4711 of 2026
Arising Out of PS. Case No.-1091 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Rahul Singh @ Rahul Kumar Singh S/o- Ratnesh Singh Vill- Madhopur
Nijma PS- Mahua Distt- 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 : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 274, 275
and 3(5) of the BNS, 2023 read with Sections 30(a), 32(i) and
41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 23 cases under the excise act and
allegation is of recovery of 4406.4 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
owner of the seized truck and he came to be implicated based on
confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.4711 of 2026(2) dt.31-01-2026
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custody which does not have any evidentiary value. It is also
submitted that petitioner in similar manner has been implicated
in many of the cases which now has become his criminal
antecedents. 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. It it reiterated and
submitted that in similar manner, the petitioner earlier also came
to be implicated.
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.
1,00,000/- (Rupees One Lakh) 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.
Patna High Court CR. MISC. No.4711 of 2026(2) dt.31-01-2026
3/3
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 23 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 23
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. 10,000/- with Advocates’ Association, Patna High Court
within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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