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Patna High Court

Munna Singh @ Munna Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent, with the order to be confirmed if antecedent does not exceed six cases.

Summary

Munna Singh, accused under Section 30(a) of the Bihar Excise Act for allegedly recovering 3,335.4 litres of liquor, sought anticipatory bail claiming he was not arrested on the spot, had no possession of the liquor, and was implicated solely on a confessional statement of another accused made in police custody, which he argued lacked evidentiary value. The State opposed the bail. The Court considered the petitioner's antecedent of six prior cases, the nature of the evidence, and the provisions of Section 482(2) of the BNSS. It granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than six prior cases are found, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement made by a co‑accused in police custody can form a basis for arrest and denial of bail.
  • Whether the petitioner’s antecedent of six prior cases affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police procedure
  • criminal antecedent
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89820 of 2025
                  Arising Out of PS. Case No.-499 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Munna Singh @ Munna Kumar Singh S/o Suresh Singh R/o Village - Baghi,
                 P.S - Basantpur, District - Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjeet Kumar Singh
                 For the Opposite Party/s :      Ms.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of six cases out of which five cases are

                   under the Excise Act and allegation is of recovery of 3335.4

                   litres of liquor from a container vehicle.

                             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 Pradeep in police custody which does
Patna High Court CR. MISC. No.89820 of 2025(3) dt.21-01-2026
                                            2/3




          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.

          30,000/- (Rupees Thirty 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

          Bhagwanpur Hat P.S. Case No. 499 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 six case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.89820 of 2025(3) dt.21-01-2026
                                                          3/3




                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of six

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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