Created by Fuzzy Cloud

Patna High Court

Shantosh Tiwari @ Santosh Tiwari @ Santosh Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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


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.