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Patna High Court

Ratan Kumar @ Triloki SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his antecedent.

Summary

The petitioner, Ratan Kumar, feared arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 8.1 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, the seized vehicle was not his, and the case against him relied on a confessional statement made by another person in police custody, which he claimed lacks evidentiary value. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS, including verification of his criminal antecedent. The Court also directed the petitioner to deposit Rs.2,500 with the High Court Legal Services Committee within two weeks. The order is provisional and will be confirmed or set aside after verification of the antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the confessional statement of a co-accused in police custody can form the basis for arrest
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police custody
  • bail conditions
  • criminal antecedent
  • Section 438 CrPC
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4931 of 2026
                 Arising Out of PS. Case No.-121 Year-2025 Thana- SANICHARI District- West Champaran
                 ======================================================
                 Ratan Kumar @ Triloki Sah S/O Bhikhari Sah R/O Donwar Kalaa, P.S.-
                 Shanichari, District- West Champaran
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :      Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 and

                   275 of the BNS as well as Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 8.1 litres of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Sonu
Patna High Court CR. MISC. No.4931 of 2026(2) dt.02-02-2026
                                            2/3




          Miyan in police custody which does not have any evidentiary

          value in the eye of law. It is next submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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.5,000/- (Rupees Five 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

          Shanichari P.S. Case No. 121 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./482(2) of the

          BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,
           Patna High Court CR. MISC. No.4931 of 2026(2) dt.02-02-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the High Court Legal

                     Services Committee, Patna within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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