Created by Fuzzy Cloud

Patna High Court

Biru Mishra @ Birendra Mishra @ Birendra Kumar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated bail conditions.

Summary

The petitioner, Biru Mishra, sought anticipatory bail fearing arrest in a case registered under IPC sections 414, 420, 467, 468, 34 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, relating to the alleged recovery of 25,500 litres of liquor from an auto. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement of co‑accused Gautam Kumar Thakur, which he argued lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 5,000 with two sureties and conditions under Section 438(2) of the CrPC, directing the trial court to verify the petitioner’s criminal antecedent before confirming the order. If more than one prior case is found, the bail may be withdrawn; if only one prior case, the bail will be confirmed. The order emphasizes verification of antecedents before final confirmation.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC to the petitioner accused of offences under IPC and the Bihar Prohibition and Excise Act, considering the nature of the allegations and his alleged antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71721 of 2025
                  Arising Out of PS. Case No.-652 Year-2022 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Biru Mishra @ Birendra Mishra @ Birendra Kumar Mishra S/o Panchanand
                 Misar R/o Village - Laliyahi, P.S - Sahayak, District - Katihar Permanent
                 Address - Village - Lokmanpur, P.S - Kharik, District - Bhagalpur
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar Mandal, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 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 414, 420,

                   467, 468 and 34 of the Indian Penal Code as well as Section

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25.500 litres of liquor from an auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized auto and came to be

                   implicated based on the confessional statement of co-accuse,
Patna High Court CR. MISC. No.71721 of 2025(3) dt.07-01-2026
                                            2/3




          namely, Gautam Kumar Thakur in police custody which does

          not have any evidentiary value in the eye of law. It is next

          submitted that once an accused is implicated in a case relating to

          excise the police start implicating mechanically either at the

          instance of the Chawkidar, local person, secret information or

          confessional statement without holding a proper investigation of

          the case.

                       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, let 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 Nagar

          Sahayak P.S. Case No. 652 of 2022, subject to the conditions as

          laid down under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,
           Patna High Court CR. MISC. No.71721 of 2025(3) dt.07-01-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.