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Patna High Court

Saurabh Kumar Singh @ Saurabh Singh @ Munshi@ Saurabh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Saurabh Kumar Singh, applied for anticipatory bail after learning that he might be arrested in a case registered under Sections 317(5), 318(4) and 340(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not caught in possession of the alleged liquor, was not the owner of the seized vehicle, and that the prosecution’s case relied on a confessional statement made by another accused, which he claimed lacks evidentiary value. The State opposed the bail, contending that the offences are serious and that the petitioner has three prior criminal cases, one involving the recovery of 26.6 litres of liquor. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, the bail will be confirmed, and the petitioner must also deposit Rs.5,000 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether a confessional statement made by another accused in police custody can form the basis for implicating the petitioner
  • Whether the petitioner’s prior criminal antecedent of three cases affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • excise offence
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6287 of 2026
                 Arising Out of PS. Case No.-209 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
                 ======================================================
                 Saurabh Kumar Singh @ Saurabh Singh @ Munshi @ Saurabh Kumar Son of
                 Santosh Singh @ Santosh Kumar Singh Resident of village- Majhariya, PS-
                 Buxar Industrial, Dist- Buxar
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amit Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 offences punishable under Sections 317(5),

                   318(4) and 340(2) of the BNS as well as Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which one case is

                   under the Excise Act and allegation is of recovery of 26.6 litres

                   of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to
Patna High Court CR. MISC. No.6287 of 2026(2) dt.04-02-2026
                                            2/3




          be implicated based on the confessional statement of

          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his 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) 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

          Buxar (Industrial) P.S. Case No. 209 of 2025, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if
           Patna High Court CR. MISC. No.6287 of 2026(2) dt.04-02-2026
                                                       3/3




                     it is found that petitioner has antecedent of more than three

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three 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 the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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