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Patna High Court

Saurav Singh @ Saurav Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U        T


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