Patna High Court
Ankit Raj @ Ankit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with bail conditions.
Summary
The petitioner, Ankit Raj, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged possession of 250 litres of liquor in a Santro car. He argued that he was not arrested on the spot, the vehicle was not his, and the only basis for his implication was a confessional statement made by another person, Nitish, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the Code of Criminal Procedure; if more than one antecedent is found, the bail may be cancelled, otherwise it will be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bihar Excise Act offenses?
- Does the confessional statement of a co-accused made in police custody constitute sufficient ground for arrest?
- Whether the petitioner’s antecedent of a prior case affects the grant of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88912 of 2025
Arising Out of PS. Case No.-1111 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Ankit Raj @ Ankit Kumar Pandey Son of Ram Prapanna Pandey @ Ram
Drapanna Trivedi @ Dapan Pandey Resident of Village- Baliari, P.S.- Amas,
District- Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Pandey
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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),
32(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 250 litres of liquor from a Santro
car.
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
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confessional statement of Nitish in police custody which does
not have any evidentiary 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.
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. 5,000/- (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 Aurangabad Excise
P.S. Case No. 1111 of 2025, 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 one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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