Patna High Court
RadheshyamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Radheshyam, feared arrest in a case registered under IPC sections 414 and 34 and Bihar Excise Act sections 30(a) and 41(i) concerning the alleged recovery of 4,473 litres of liquor from a truck. He asserted that he has a clean antecedent, was not in possession of the liquor, and is not the owner of the seized vehicle, claiming his implication stems solely from a confessional statement made by an accused in police custody, which he contended lacks evidentiary value. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. The order further stipulated that if any prior case is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The decision rests on the court’s inherent powers under Section 482(2) of the Criminal Procedure Code to prevent abuse of process while ensuring the petitioner’s rights pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under Sections 414, 34 IPC and Sections 30(a), 41(i) Bihar Excise Act.
- Whether the confessional statement of an accused in police custody can form the basis for denying anticipatory bail.
- Whether the High Court can impose conditions, including verification of antecedent, while granting provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 34, 414
Subjects
- anticipatory bail
- IPC
- Bihar Excise Act
- confessional statement
- clean antecedent
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85731 of 2025
Arising Out of PS. Case No.-283 Year-2021 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Radheshyam S/o- Vishnu Dutt Resident of House No- 182 Near Sayra
Hospital Defence Colony PS- Azad Nagar District- Hilsar, Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmveer
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 414 and 34 of the IPC and
Sections 30(a) and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 4473 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
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 confessional
statement of apprehended-accused in police custody which does not
have any evidentiary value.
Patna High Court CR. MISC. No.85731 of 2025(3) dt.20-01-2026
2/2
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. 500/- (Rupees Five Hundred) 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 Gopalganj Town P.S. Case No. 283 of 2021 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 even one case then it
would be presumed that petitioner, for the 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 is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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