Patna High Court
Rohit Kumar Singh @ Kallu singh @ Rajwant Singh @ Rohit SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rohit Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 23 litres of liquor recovered from a garden that does not belong to him. The prosecution’s case relied mainly on a confessional statement made by another accused, Govardhan, while no liquor was seized from the petitioner’s possession. The petitioner, who has seven prior criminal cases (five under the Excise Act), sought anticipatory bail fearing arrest. The High Court, after hearing counsel, granted provisional anticipatory bail subject to a bail bond of Rs. 35,000 with two sureties and ordered verification of the petitioner’s criminal antecedent. The order stipulated that if the petitioner is found to have more than seven prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise offence case where the primary evidence is a confessional statement of another accused.
- Whether the petitioner’s prior criminal antecedent of seven cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6736 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Rohit Kumar Singh @ Kallu singh @ Rajwant Singh @ Rohit Singh S/o
Shivdas Singh R/O Vil.- Santhi, P.S- Raghunathpur,Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar, 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 seven cases out of which five cases
are under the excise act and allegation is of recovery of 23 liters
of liquor from a garden.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
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Govardhan 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.
35,000/- (Rupees Thirty Five 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
Raghunathpur P.S. Case No. 73 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
than seven cases then it would be presumed that petitioner, for
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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 seven
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.
10,000/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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