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Patna High Court

Anil Kumar Ray @ Anil Kumar Rai @ Anil Rai @ Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioners' antecedent cases.

Summary

The petitioners, Anil Kumar Ray and Sudhir Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 30(a) of the Excise Act involving the recovery of 4,942.080 litres of liquor from a truck. They argued that they were not arrested at the spot, had no possession of the seized liquor, and were implicated solely on a confessional statement made by Rajesh while in police custody, which they claimed lacked evidentiary value. The State opposed the bail, citing the petitioners' prior three cases under the Excise Act. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 each with two sureties, subject to the conditions of Section 438(2) CrPC and verification of their criminal antecedent. The court clarified that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, granting provisional anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to the petitioners accused of offences under Section 30(a) of the Excise Act.
  • Whether the confessional statement of Rajesh recorded in police custody is admissible as evidence for granting bail.
  • Whether the petitioners' prior criminal antecedent (more than three cases) affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • confessional statement
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6626 of 2026
                        Arising Out of PS. Case No.-1 Year-2025 Thana- Pahelja P.S. District- Saran
                 ======================================================
           1.     Anil Kumar Ray @ Anil Kumar Rai @ Anil Rai @ Anil Kumar Son of
                  Jhulan Ray @ Jhulan Rai R/o - Village - Pahaleja Shahpur, Diyara, P.S. -
                  Sonpur, Dist. - Saran.
           2.    Sudhir Kumar Son of Lalbabu Ray @ Lalbabu Rai R/o Village - Sabalpur
                 Pachhiyari Tola, P.S. - Sonpur, Dist. - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ganesh Prasad Singh
                 For the Opposite Party/s :         Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners have antecedent of three cases under the Excise

                   Act and the allegation is of recovery of 4942.080 litres of liquor

                   from a truck.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.6626 of 2026(2) dt.30-01-2026
                                            2/3




          of the seized truck and they came to be implicated based on

          confessional statement of Rajesh in police custody, which does

          not have any evidentiary value. It is next submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 1,5000/- (Rupees Fifteen Thousand) each 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 Pahaleja P. S. Case No.01 of 2025, subject to

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

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioners shall
               Patna High Court CR. MISC. No.6626 of 2026(2) dt.30-01-2026
                                                           3/3




                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of more than three

                         cases, then it would be presumed that petitioners for the

                         purposes of obtaining anticipatory bail had concealed their

                         antecedent before this Court, in that event, the present

                         provisional anticipatory bail order shall not be confirmed, but if

                         on verification, it is found that petitioners have antecedent of

                         three cases only, in that event, the provisional anticipatory bail

                         order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioners based on instruction submits that

                         petitioners undertake to deposit an amount of Rs.5,000/- with

                         Advocates’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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