Patna High Court
Anant Kumar @ Munna Singh @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Anant Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and (d) of the Bihar Excise Act concerning alleged recovery of 82 litres of liquor from a brewery. He argued that he was not caught in the act, no liquor was found in his possession, he was not named in the FIR, and the only basis for his implication was a confessional statement of a co‑accused made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner had a history of ten prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 50,000 with two sureties and appear before the trial court within six weeks. The order further directed that the trial court verify the petitioner’s criminal antecedent; if more than ten prior cases are found, the bail would not be confirmed, whereas confirmation would follow if the antecedent is limited to ten cases.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Excise Act.
- Whether a confessional statement made by a co‑accused in police custody is admissible for implicating the petitioner.
- Whether the police investigation complied with procedural requirements for arrest and charge.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83018 of 2025
Arising Out of PS. Case No.-171 Year-2020 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Anant Kumar @ Munna Singh @ Chandan Kumar S/o Awadh Singh @
Avadh Singh Resident of Village- Surumbha, P.S.- Nawada Muffasil, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 offences punishable under Sections 30(a) (d)
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases under the excise act and
allegation is of recovery of 82 liters of liquor from a brewery
situated at four different places.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not even
named in the FIR and during the course of investigation came to
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be implicated based on confessional statement of Kapil 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 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
50,000/- (Rupees Fifty 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 Nawada
Muffasil P.S. Case No. 171 of 2020 subject to the conditions 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 petitioner and
in the event if it is found that petitioner has antecedent of more
than ten cases then it would be presumed that petitioner, for the
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of ten
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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