Patna High Court
Pintu Poddar @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Pintu Poddar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged possession of 25 litres of liquor. He argued that he was not caught in possession and that the case against him relied solely on a confessional statement made by co‑accused Shakti Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner has four prior criminal cases, three of which are under the Excise Act. The Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 20,000 with two sureties. The order further directed the trial court to verify the petitioner’s antecedents and to confirm the bail only if his prior cases do not exceed four. Consequently, the anticipatory bail application was allowed subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co‑accused made in police custody can form the basis for arrest.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. empowers the court to impose conditions on anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.789 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- Excise P.S. District- Madhepura
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Pintu Poddar @ Pintu Kumar Son of Late Nathan Poddar R/v- Murliganj,
Goushala Chowk, Ward No-2, PS-Murliganj, Dist-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Wasi Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of four cases, out of which three cases
are under the Excise Act, and allegation is of recovery of 25
litres of liquor from possession of Shakti Kumar. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and he
came to be implicated based on the confessional statement of
Shakti Kumar in police custody which does not have any
evidentiary value. It is next submitted that once an accused is
Patna High Court CR. MISC. No.789 of 2026(2) dt.15-01-2026
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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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-VII-cum-Special Excise Judge-II,
Madhepura in connection with Madhepura Excise P.S. Case
No.103 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than four cases,
Patna High Court CR. MISC. No.789 of 2026(2) dt.15-01-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only four cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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