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Patna High Court

Ranjeet Patel @ Putul PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.90001 of 2025(3) dt.22-01-2026
                                                           3/3




                         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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