Patna High Court
Saurav Singh @ Saurav Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedent cases, confirming it only if the petitioner has no more than two prior cases.
Summary
The petitioner, Saurav Singh, sought anticipatory bail fearing arrest in an excise case involving alleged recovery of 712.501 litres of liquor from two vehicles. He argued that he was not caught in possession, was not the owner of the seized vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences under the Bihar Prohibition and Excise Act, 2022 and related B.N.S. provisions. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and submit to verification of his criminal antecedents. The bail will be confirmed only if the verification shows at most two prior cases; otherwise, the provisional order will lapse.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case.
- Whether the reliance on a confessional statement of another accused suffices for arrest.
- What conditions should be imposed on anticipatory bail concerning the petitioner’s antecedent criminal record.
Legislation cited
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47776 of 2025
Arising Out of PS. Case No.-339 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Saurav Singh @ Saurav Kumar Singh S/o Gopal Singh R/o vill - Yaduvansh
Nagar, P.S.- Chas, Distt.- Bokaro
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 19-01-2026 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 offence punishable under Sections 318(2),
336(3), 340(2) BNS & Sections 30(a), 32, 36 and 41(1) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 712.501 litres of liquor from two
vehicles. 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 any of the seized vehicle and
he came to be implicated based on confessional statement of
apprehended accused in police custody which does not have any
Patna High Court CR. MISC. No.47776 of 2025(4) dt.19-01-2026
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evidentiary value. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
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 before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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 Jhajha
P.S. Case No.339/2024, 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 more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.47776 of 2025(4) dt.19-01-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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