Patna High Court
Rahul Kumar SafiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents and compliance with the stipulated conditions.
Summary
Petitioner Rahul Kumar Safi applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was implicated based on a police‑custody confessional statement of another person and that no liquor was recovered from his possession. The petitioner has four prior excise cases and argued that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code and verification of the petitioner’s antecedents. The court directed that if more than four prior cases are found, the bail will not be confirmed; if only four are confirmed, the bail will be affirmed. The petitioner also undertook to deposit Rs.5,000 with the Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted despite the petitioner’s prior excise cases and the nature of the evidence.
- Whether a confessional statement made in police custody can form the basis for arrest and denial of bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior criminal antecedents
- Section 30
- Section 482
- provisional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5386 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- Excise Benipatti District- Madhubani
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Rahul Kumar Safi Son of Binod Safi R/o - Benipatti, ward No.17, P.O -
Benipatti, P.S - Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of four cases under the Excise Act
and allegation is of recovery of 486 litres of liquor from three
motorcycles. 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
vehicles and came to be implicated based on confessional
statement of Rohit Kumar Safi in police custody, which does not
have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.5386 of 2026(2) dt.02-02-2026
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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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Court of Exclusive Special Judge Excise Act, Madhubani in
connection with Excise Benipatti P.S. Case No.207 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than four cases,
Patna High Court CR. MISC. No.5386 of 2026(2) dt.02-02-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only four cases, 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.5,000/- with Lawyers’ Association
within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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