Patna High Court
Anish RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted subject to verification of antecedents and compliance with bail‑bond conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Anish Ray and Mannu Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 559.200 litres of liquor from a vehicle they did not own. They argued that no liquor was found in their possession and that the only evidence against them was a confessional statement made in police custody, which they claimed lacked evidentiary value. The State opposed the anticipatory bail application. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 15,000 each with two sureties, subject to verification of their criminal antecedents and compliance with conditions under Section 482(2) of the CrPC. The court further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
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 made in police custody, without other material evidence, suffices to deny anticipatory bail.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 30
- Bihar Prohibition and Excise Act
- CrPC Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83445 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- PRANPUR District- Katihar
======================================================
1. Anish Ray S/o Sikandar Prasad @ Sikandar Prasad Ray R/o - Kheria, P.S-
Korha, District - Katihar
2. Mannu Kumar S/o Murari Das Ray R/o Lalbag Kuaripur, P.S - Manihari,
District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedents of three cases under the Excise Act
and allegation is of recovery of 559.200 litres of liquor from a
Bolero pickup vehicle. It is next submitted that petitioners were
not arrested from the spot, as such, nothing was recovered from
their conscious possession and are not the owner of the seized
vehicle and they came to be implicated based on confessional
Patna High Court CR. MISC. No.83445 of 2025(3) dt.19-01-2026
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statement of the 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 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 petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-II, Katihar in
connection with Pranpur P.S. Case No.198 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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
Patna High Court CR. MISC. No.83445 of 2025(3) dt.19-01-2026
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if it is found that petitioners have antecedents of more than three
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 petitioners have antecedents of
only three cases, in that event, the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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