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Patna High Court

Bittu PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Bittu Patel, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 8.640 litres of liquor were recovered from a motorcycle. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and that the case against him was based solely on confessional statements made by Alok and Kundan while in police custody, which he contended lack evidentiary value. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties of the same amount, and conditioned the order on verification of the petitioner’s criminal antecedent under Section 438(2) of the Cr.P.C. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C.
  • Whether confessional statements made in police custody are admissible as evidence against the petitioner
  • Whether the petitioner can be deemed to be in possession of the seized liquor
  • Whether the petitioner’s antecedent record affects the confirmation of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • possession
  • confessional statements
  • clean antecedent
  • bail bond
  • surety
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90543 of 2025
                   Arising Out of PS. Case No.-351 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Bittu Patel Son of Ramesh Patel Resident of Kandhi Tola, Tadvanandpur,
                 Ward No. 2, P.S.- Bairiya, District- West Champaran
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                   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 offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8.640 litres of liquor from a motorcycle.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of the seized vehicle and came to be

                   implicated based on the confessional statement of Alok and Kundan

                   in police custody which does not have any evidentiary value in the

                   eye of law.

                                 5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.90543 of 2025(2) dt.08-01-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioner, let 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.500/- (Rupees Five Hundred) 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 Bairiya P.S. Case No. 351 of 2025, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C.

                                  7. It is made clear that thereafter the learned trial court

                     shall verify the criminal antecedent of the petitioner and if it is found

                     that petitioner has antecedent of even one case, it would be presumed

                     that petitioner had concealed his antecedent before this Court at para

                     3 of the anticipatory bail application in that event the provisional

                     anticipatory bail order shall not be confirmed but if it is found on

                     verification that petitioner is a person with clean antecedent in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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