Patna High Court
Biplab HalderversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
Petitioners Biplab Halder and Shyamal Biswas were implicated in an excise case involving alleged recovery of 882 litres of liquor, charged under Sections 272 and 273 of the IPC and Sections 30(a), 41 and 47 of the Bihar Excise Act. They contended that they were not caught in possession, did not own the vehicle, and were linked to the offence solely through a confessional statement made by another accused in police custody, which they argued lacks evidentiary value. The State opposed their prayer for anticipatory 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 confirmation of bail on verification of the petitioners' criminal antecedents. If the petitioners are found to have more antecedent cases than disclosed, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the excise case.
- Whether a confessional statement made by an accused in police custody can form the basis for implicating the petitioners.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Section 482
- IPC 272
- IPC 273
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76281 of 2025
Arising Out of PS. Case No.-261 Year-2019 Thana- BAISI District- Purnia
======================================================
1. Biplab Halder S/O Parimal Halder R/O Village- Bidhan Pally, Ward No. 10,
P.S- Dalkhola, District- Uttar Dinajpur( West Bengal).
2. Shyamal Biswas S/O Dhirendra Nath Biswas R/O Mohalla- PWD Para Ward
No. 09, P.S- Dalkhola, Distt.- Uttar Dinajpur (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 23-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 272 and
273 of the Indian Penal Code read with Sections 30(a), 41 and
47 of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases under the excise act
and petitioner no. 2 has antecedent of three cases under the
excise act, as would manifest from the pleadings made in the
supplementary affidavit. It is next submitted that allegation is of
recovery of 882 liters of liquor from a pick up vehicle.
Patna High Court CR. MISC. No.76281 of 2025(3) dt.23-02-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and are not the
owner of the seized vehicle and they came to be implicated
based on confessional statement of apprehended accused 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Baisi P.S. Case No. 261 of 2019 subject to the conditions
Patna High Court CR. MISC. No.76281 of 2025(3) dt.23-02-2026
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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 petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than two cases and petitioner no. 2 has antecedent of more
than three cases then it would be presumed that petitioners, for
the purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
two cases only and petitioner no. 2 has antecedent of three cases
only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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