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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Niraj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act. He alleged that the recovery of 22.5 litres of liquor and a seized motorcycle were linked to other accused, and that his implication rested solely on a confessional statement of a co‑accused, which he contended lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties, compliance with Section 482(2) of the BNSS, and verification of the petitioner’s criminal antecedents within six weeks. The order further required the petitioner to deposit Rs 2,500 with the Advocates’ Association. The bail will be confirmed only if the trial court finds that the petitioner has no more than two prior cases; otherwise it will be set aside.

Issues considered

  • Whether anticipatory bail can be granted in a case punishable under Section 30(a) of the Bihar Excise Act
  • Whether a confessional statement of a co‑accused provides sufficient basis for arrest and denial of bail
  • Whether the petitioner’s prior criminal antecedent of two cases affects the grant of anticipatory bail
  • Whether conditions imposed under Section 482(2) of the BNSS are permissible

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • criminal antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6446 of 2026
                   Arising Out of PS. Case No.-188 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
                 Niraj Kumar S/o- Ram Sajan Roy @ Ram Sajjan Yadav R/v- Sujpura Ps-
                 Bhagwanpur Dist- Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

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

                   under the excise act and allegation is of recovery of 22.50 liters

                   of liquor from a sack allegedly thrown by the accused persons

                   and a motorcycle was seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.6446 of 2026(2) dt.04-02-2026
                                            2/3




          owner of the seized vehicle and he came to be implicated based

          on confessional statement of apprehended accused 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 at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

                       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, 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.

          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 Chariya

          Baryarpur P.S. Case No. 188 of 2025 subject to the conditions as

          laid down under Section 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

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.6446 of 2026(2) dt.04-02-2026
                                                        3/3




                      than two cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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