Patna High Court

Ajay BinversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, with confirmation only if no prior case is found.

Summary

The petitioner, Ajay, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging possession of liquor recovered from locations unrelated to him. He argued he had a clean antecedent and that the allegations were based solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, directing the trial court to verify the petitioner’s criminal antecedent within six weeks. If any antecedent is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether a confessional statement of a co-accused made in police custody can justify arrest without other evidence.
Whether the petitioner’s clean antecedent warrants provisional anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
confessional statement
clean antecedent
Section 482(2)
liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90643 of 2025
                    Arising Out of PS. Case No.-58 Year-2025 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Ajay Bin Son of Dina Bin @ Dinanath Been Resident of Village -Tulasiya
                 PS- Uchkagon, Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Saurabh Kumar
                 For the Opposite Party/s :      Mr.Ajay Kumar No. 2
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9 litres of liquor from a bag along with 26.600 litres

                   of liquor from semi-constructed house of Bullet Sah and 9 litres

                   of liquor from possession of Bhola Sah.

                             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 even the alleged

                   recovery is from a place which does not belongs to the
Patna High Court CR. MISC. No.90643 of 2025(2) dt.08-01-2026
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          petitioner and petitioner has no concern or relation with Bullet

          Sah or Bhola and he came to be implicated based on

          confessional statement of Bhola in police custody which does

          not have any evidentiary value.

                   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.

          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

          Uchkagaon P.S. Case No. 58 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.90643 of 2025(2) dt.08-01-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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