Patna High Court
Ajit Kumar Singh @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Ajit Kumar Singh, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 1,800 litres of liquor. The petitioner argued that he was not arrested at the scene, the seized vehicle was not his, and the only evidence was a confessional statement made by an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior criminal antecedents. The Court examined these submissions and noted that the confessional statement could not be the sole basis for arrest, and that the petitioner’s antecedent record needed verification. Accordingly, the Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and a six‑week surrender, and directed the trial court to confirm the bail after verifying that the petitioner has no more than two prior cases. The order was conditioned that if more than two antecedents are found, the provisional bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC in a case involving alleged excise offences.
- Whether a confessional statement made by an accused in police custody has evidentiary value for granting bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80636 of 2025
Arising Out of PS. Case No.-29 Year-2017 Thana- GAURICHAK District- Patna
======================================================
Ajit Kumar Singh @ Ajit Kumar S/o Binod Singh R/o Village- Daulatpur, PS-
Gourichak, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
the defects as pointed out by the office stands removed.
3. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
4. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases and allegation is of
recovery of 1800 litres of liquor from a pick-up vehicle.
5. The learned counsel for the petitioner submits 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 he came to be implicated based on
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confessional statement of apprehended accused in police
custody, which does not have any evidentiary value.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. 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-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Gourichak P. S. Case No.29 of 2017, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
9. 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 antecedent of more than two cases,
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
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order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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