Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
Petitioner Pintu Kumar sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 45 of the Bihar Excise Act, alleging that 30.75 litres of liquor were recovered from a third‑party, Madan, and not from his own possession. He contended that the case against him was based solely on a confessional statement made by Madan in police custody, which he argued lacks evidentiary value, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks. The court stipulated that if more than three prior excise cases are found, the bail would be presumed to have been obtained by concealment and the provisional order would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act based on the alleged facts.
- Whether a confessional statement of a co‑accused, made in police custody, can be the sole basis for implicating the petitioner.
- Whether the absence of possession of the alleged contraband at the petitioner’s premises affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- confessional statement
- possession
- Section 482
- Bihar Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69644 of 2025
Arising Out of PS. Case No.-61 Year-2025 Thana- Excise P.S. District- Madhepura
======================================================
Pintu Kumar S/o Mahendar Yadav R/o Village - Chandanpatti, Ward No. 10,
P.S - Gamhariya, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pooja Prasad
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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
45 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 30.75 litres of liquor from the
possession of Madan and from the backyard of his house.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belongs to the
petitioner and petitioner has no concern or relation with Madan
Patna High Court CR. MISC. No.69644 of 2025(3) dt.07-01-2026
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and he came to be implicated based on confessional statement of
Madan in police custody which does not have any evidentiary
value. It is further 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.
15,000/- (Rupees Fifteen 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
Madhepura Excise P.S. Case No. 61 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.69644 of 2025(3) dt.07-01-2026
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than three 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 three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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