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Patna High Court

Rahul Singh @ Rahul Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                                       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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