Patna High Court
Mukesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
Mukesh Rai applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 20 litres of liquor recovered from a scooty. He contended that he was not arrested on the spot, did not have the scooty in his possession, and was implicated solely on a confessional statement made by Anil Kumar while in police custody, which he argued lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and a verification of his criminal antecedents. The order stipulated that if the petitioner is found to have more than four prior excise cases, the bail would not be confirmed; if only four, it would be confirmed. 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 (Amendment) Act, 2022 based on the alleged lack of direct possession and reliance on a custodial confessional statement.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or revoking the provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- bail bond
- Section 30
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85767 of 2025
Arising Out of PS. Case No.-365 Year-2024 Thana- BACHHWARA District- Begusarai
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Mukesh Rai Son of Ram Kisun Rai @ Ram Kishun Rai @ Sri Kishun Ray @
Kishun Rai Resident of village - Gopalpur, Chamtha, P.S.- Bachhwara,
District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of four cases under the Excise Act
and allegation is of recovery of 20 litres of liquor from a Scooty.
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 Scooty and he
came to be implicated based on confessional statement of Anil
Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.85767 of 2025(3) dt.20-01-2026
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value. It is further 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 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-bond in the
sum of Rs.20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Judge-I, Begusarai in connection with
Bachhwara P.S. Case No.365 of 2024, 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 bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than four cases,
Patna High Court CR. MISC. No.85767 of 2025(3) dt.20-01-2026
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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
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only four cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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