Patna High Court
Fool Khan @ Ramjan Ali Khan @ Md. Ramjan Ali Khan @ Phul KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Fool Khan, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amendment 2018) concerning alleged recovery of 342 litres of liquor from two vehicles. He argued that he was not arrested on the spot, no liquor was found in his possession, and the case against him relied on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and a condition that the trial court verify his criminal antecedents; if more than two prior cases are found, the bail would not be confirmed. The court also ordered the petitioner to deposit Rs 5,000 with the Patna High Court Legal Aid within two weeks. The order is made under Section 482(2) of the B.N.S.S. and the relevant provision of the Excise Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the confessional statement made in police custody can form the basis for the charge.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5846 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- Excise P.S. District- Katihar
======================================================
Fool Khan @ Ramjan Ali Khan @ Md. Ramjan Ali Khan @ Phul Khan S/O
Late Md. Safiq Khan Resident of Mohalla- Driver Tola, P.S.- Nagar, District-
Katihar, The Father's name and Add. has wrongly been typed in I.O. as S/o
Ram Narayan Singh, Vill.- Nawabganj, Ward no. 2, P.S.- Manihari, Which is
typographical error.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar
For the Opposite Party/s : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016 (Amendment Act,
2018).
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 342 litres of liquor from two
different vehicles. 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
Patna High Court CR. MISC. No.5846 of 2026(2) dt.03-02-2026
2/3
vehicle and he came to be implicated based on confessional
statement of Prabhat in police custody which does not have any
evidentiary value. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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 Katihar
Excise P.S. Case No.315/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.5846 of 2026(2) dt.03-02-2026
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two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5000/- with Patna High Court Legal
Aid within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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