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Patna High Court

Rohit Kumar Singh @ Kallu singh @ Rajwant Singh @ Rohit SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6736 of 2026(2) dt.04-02-2026
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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
            Patna High Court CR. MISC. No.6736 of 2026(2) dt.04-02-2026
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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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