Patna High Court
Shantosh Tiwari @ Santosh Tiwari @ Santosh Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail, subject to bond and verification of antecedents, confirming bail only if the petitioner’s prior cases do not exceed six.
Summary
Shantosh Tiwari sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018‑22. He has six prior criminal cases, five under the Excise Act, and is alleged to have been involved in the recovery of large quantities of liquor from a vehicle and a premises not owned by him. The petitioner argued that no liquor was seized from his possession and that his implication rested solely on a confessional statement made by an accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail on condition of a Rs 30,000 bond with two sureties and directed the trial court to verify his antecedents, confirming bail only if he has exactly six prior cases.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018‑22.
- Whether a confessional statement of an accused in police custody can form a basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedents
- Section 30(a)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80082 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
Shantosh Tiwari @ Santosh Tiwari @ Santosh Kumar Tiwari Son of
Kamaldev Tiwari Resident of Village - Nerhay Saray, P.S - Karja, District -
Muzafarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Nandan
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018-22.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases out of which five cases are
under the Excise Act and allegation is of recovery of 225 litres
of liquor from a Scorpio vehicle and 2122.785 litres of liquor
from a room behind the house of Md. Tahir.
4. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and even
Patna High Court CR. MISC. No.80082 of 2025(2) dt.17-01-2026
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the alleged recovery of 2122.785 litres of liquor is from a place
which does not belong to the petitioner and he 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 through 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.30,000/- (Rupees thirty 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
Deoriya P.S. Case No.174/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
7. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.80082 of 2025(2) dt.17-01-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
six cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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