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Patna High Court

Surendra Kumar @ Kariya @ Surendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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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