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Patna High Court

Biplab HalderversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                       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
                                                        3/3




                      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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