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Patna High Court

Bikki Saw @ Bikki Shah @ Vikki SawversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to conditions under Section 438(2) of the Cr.P.C., pending verification of his antecedent.

Summary

The petitioner, Bikki Saw, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016, relating to the alleged recovery of 909 litres of liquor from a truck. He argued that he has a clean antecedent, was not in possession of the liquor, is not the owner of the truck, and that the only evidence against him is a confessional statement made by Chhotu Yadav while in police custody, which he contended lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, invoking Section 438(2) of the Cr.P.C., and directed verification of the petitioner’s antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.
  • Whether a confessional statement made in police custody is sufficient ground to deny anticipatory bail.
  • Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • confessional statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64804 of 2025
                   Arising Out of PS. Case No.-91 Year-2024 Thana- EXCISE KATORIYA District- Banka
                 ======================================================
                 Bikki Saw @ Bikki Shah @ Vikki Saw S/O Late Moti Shah @ Moti Saw
                 Resident of Village- Shimla Bahal, P.S.- Jharia, District- Dhanbad, Jharkhand
                                                                                 ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, A.P.P.
                 ======================================================
                 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 offences punishable under Sections 30(a) and 36 of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 909 litres of liquor from a truck.

                                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 truck and came to be

                   implicated based on the confessional statement of Chhotu Yadav in

                   police custody which does not have any evidentiary value in the eye

                   of law.

                                5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.64804 of 2025(3) dt.06-01-2026
                                                       2/2




                     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.500/- (Rupees Five Hundred) 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 Katoriya Excise P.S. Case No. 91 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the Cr.P.C.

                                  7. It is made clear that thereafter the learned trial court

                     shall verify the criminal antecedent of the petitioner and if it is found

                     that petitioner has antecedent of even one case, 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 is a person with clean antecedent in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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