Patna High Court
Ravi Kumar @ Ravi RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail in a case registered under Sections 30(a) and 32(2) of the Bihar Excise Act for alleged recovery of 108 litres of liquor from a vehicle. He argued that he was not arrested at the scene, had no possession of the liquor, was not the owner of the seized vehicle, and that the only basis for his implication was a confessional statement of a co‑accused, Vinita, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than one prior case is found, the provisional bail will not be confirmed; if only one prior case is found, the bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 32(2) of the Bihar Excise Act.
- Whether a confessional statement made by a co‑accused in police custody can form a basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7120 of 2026
Arising Out of PS. Case No.-719 Year-2025 Thana- BEUR District- Patna
======================================================
Ravi Kumar @ Ravi Raj S/o Ajay Kumar R/o Nathhupur, P.S.- Beur, District-
Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 Sections 30(a) and
32(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 108 litres of liquor from Brezza Car.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Vinita in police custody which does
not have any evidentiary value. It is next submitted that
Patna High Court CR. MISC. No.7120 of 2026(2) dt.19-02-2026
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petitioner has no concern or relation with Vinita. 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.
5,000/- (Rupees 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 Beur P.S.
Case No. 719 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 one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.7120 of 2026(2) dt.19-02-2026
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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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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