Patna High Court
Surendra Kumar @ Kariya @ Surendra RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of criminal antecedents and compliance with bail bond requirements.
Summary
The petitioners, three residents of Chakiyaz Tola, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 1,000 litres of liquor. They contended that they were not caught in possession, did not own the seized vehicle, and were implicated solely on a confessional statement of another accused, which they argued lacked evidentiary value. The State opposed the bail, asserting the seriousness of the excise offence. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties, a deposit of Rs.6,000 to the Legal Services Committee, and a verification of the petitioners' criminal antecedents. It further conditioned that if any petitioner concealed a greater antecedent than disclosed, the bail would not be confirmed for that individual. The order was made under Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?
- Does a confessional statement of an accused in police custody provide sufficient basis for anticipatory bail?
- How should the court treat undisclosed or concealed criminal antecedents when granting anticipatory bail?
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5315 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
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1. Surendra Kumar @ Kariya @ Surendra Rai Son of Dev Sahay Rai R/o
Village - Chakiyaz Tola, Chitnawan, Bagicha, P.S. - Maner, Dist. - Patna.
2. Manoj Kumar @ Manoj Rai Son of Krishna Rai R/o Village - Chakiyaz
Tola, Chitnawan, Bagicha, P.S. - Maner, Dist. - Patna.
3. Munijee @ Kapil @ Kapil Rai Son of Jagdish Rai R/o Village - Chakiyaz
Tola, Chitnawan, Bagicha, P.S. - Maner, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases out of which one
case is under the Excise Act and petitioner nos. 2 and 3 have
antecedent of one case out of which against petitioner no. 2 is
under the Excise Act and allegation is of recovery of 1000 litres
of liquor from a motorcycle.
Patna High Court CR. MISC. No.5315 of 2026(2) dt.02-02-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not owners of
the seized vehicle and they came to be implicated based on
confessional statement of apprehended-accused in police
custody which does not have any evidentiary value. It is further
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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
15,000/- (Rupees Fifteen Thousand) each 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
Maner P.S. Case No. 860 of 2025 subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.5315 of 2026(2) dt.02-02-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner nos. 2 and 3 have antecedent of
more than one case then it would be presumed that petitioners, for
the purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of three cases and petitioner nos. 2 and 3 have antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to deposit
an amount of Rs. 6,000/- with Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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