Patna High Court
Ranjeet Patel @ Putul PatelversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner, Ranjeet Patel, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a) and 41(i)(ii) of the Excise Act, alleging recovery of 14.94 litres of liquor from a motorcycle. He has three prior cases under the Excise Act and contends that he was not arrested at the spot, no liquor was found in his possession, and the case is based solely on a confessional statement made by a co‑accused, Rajesh, while in police custody, which he argues lacks 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.15,000 with two sureties and that the trial court verify his criminal antecedent. If more than three prior cases are found, the bail may be revoked; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted despite the petitioner’s prior three Excise Act cases.
- Whether a confessional statement made in police custody can be the basis for denying anticipatory bail.
- Whether concealment of prior criminal antecedent, if any, affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(i)(ii)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- confessional statement
- police custody
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90001 of 2025
Arising Out of PS. Case No.-477 Year-2022 Thana- EKMA District- Saran
======================================================
Ranjeet Patel @ Putul Patel Son of Rikhdev Patel Resident of Village -
Parsagarh Bazar, P.S.- Ekma, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilesh Kumar Nirala
Mr. Dhananjay Mishra
Mr.Amit Prakash
Mr.Arbind Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a), 41(i)(ii) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 14.94 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.90001 of 2025(3) dt.22-01-2026
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the seized vehicle and he came to be implicated based on
confessional statement of Rajesh in police custody, which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Ekma P. S. Case No.477 of 2022, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
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 antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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