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Patna High Court

Rahul Kumar SafiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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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