Patna High Court
Murari Sah @ Murari Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having exactly three prior cases.
Summary
The petitioner, Murari Sah, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 2.520 litres of liquor from a shop run by his father. He argued that he had no direct involvement and that the only evidence against him was a confessional statement made by Suren Sah while in police custody, which he claimed lacked evidentiary value. The petitioner, who has three prior excise cases, sought anticipatory bail, while the State opposed the relief. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; if exactly three are confirmed, the bail would be affirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement made by a co-accused in police custody is admissible as evidence.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- prior convictions
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58498 of 2025
Arising Out of PS. Case No.-176 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Murari Sah @ Murari Kumar Gupta Son of Suresh Sah Resident of Village -
Jiwdhara, P.S. - Piprakothi, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 2.520 litres of liquor from shop of
Suren Sah. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and the shop in question is run by his father with
which petitioner has no concern and he came to be implicated
based on confessional statement of Suren Sah in police custody
which does not have any evidentiary value. It is next submitted
Patna High Court CR. MISC. No.58498 of 2025(3) dt.06-01-2026
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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.15000/- (Rupees fifteen 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
Piprakothi P.S. Case No.176/2025 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
three cass, 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
Patna High Court CR. MISC. No.58498 of 2025(3) dt.06-01-2026
3/3
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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