Patna High Court
Junaid KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Junaid Khan, sought anticipatory bail fearing arrest in a case involving alleged recovery of 4,311.72 litres of liquor from a truck, with charges under IPC sections 419, 420, 467, 468, 471 and Bihar Prohibition and Excise Amendment Act, 2018 sections 30(a), 32(1)(ii), 36 and 41. He contended that he neither owned the seized truck nor had the liquor in his possession and that the case was based solely on a confessional statement made by Jawed while in police custody, which he argued lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedents, directing that the bail be confirmed only if the petitioner has at most one prior case, otherwise it would be withdrawn. The order was made under Section 482(2) of the B.N.S.S. and is to be confirmed by the trial court after antecedent verification.
Issues considered
- Whether anticipatory bail should be granted when the primary evidence is a confessional statement made in police custody.
- Whether the petitioner’s lack of possession and ownership of the seized liquor truck negates the basis for arrest.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- confessional statement
- excise law
- liquor seizure
- Indian Penal Code
- Bihar Prohibition and Excise Amendment Act
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86912 of 2025
Arising Out of PS. Case No.-321 Year-2022 Thana- SAKRA District- Muzaffarpur
======================================================
Junaid Khan S/o- Yacub Khan Resident of village- Khaira PS- Khaira Dist-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 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 offence punishable under Sections 419, 420,
467, 468, 471 of the Indian Penal Code and Sections 30(a),
32(1) (ii), 36 and 41 of Bihar Prohibition and Excise
Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 4311.72 litres of liquor from a truck. 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 truck and he came to be implicated
based on confessional statement of Jawed in police custody
Patna High Court CR. MISC. No.86912 of 2025(3) dt.26-02-2026
2/3
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 through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five 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 Sakra
P.S. Case No.321/2022, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.86912 of 2025(3) dt.26-02-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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