Patna High Court
Amarjeet @ Chhotu @ Chhotu Kumar @ Amarjeet AryanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with the possibility of cancellation if more than three prior cases are found.
Summary
The petitioner, Amarjeet, feared arrest in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 720 ml of liquor from a shop owned by Ravi. He has three prior criminal cases, two of which are also under the Excise Act, and contends that he was not caught in possession and that the case rests solely on Ravi’s confessional statement made in police custody, which he claims lacks evidentiary value. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 15,000 with two sureties of the same amount and appear before the trial court within six weeks. The order is made under Section 482(2) of the BNSS and is subject to verification of the petitioner’s antecedents; if more than three prior cases are found, the bail will be cancelled.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement of a co‑accused made in police custody can alone justify arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7129 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Amarjeet @ Chhotu @ Chhotu Kumar @ Amarjeet Aryan S/o- Munna Prasad
Sharma Village- Gandhi Chowk Sampatchak PS- Pirbahore Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Khushi Awadh
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 720 ml
of liquor from shop of Ravi.
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 shop which does not belong to the petitioner
and petitioner has no concern or relation with Ravi and he came
Patna High Court CR. MISC. No.7129 of 2026(2) dt.19-02-2026
2/3
to be implicated based on confessional statement of Ravi 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 Pirbahore P.S. Case
No. 311 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
three cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.7129 of 2026(2) dt.19-02-2026
3/3
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
Checking your session…