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Patna High Court

Raj KishoreversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that, given the petitioner’s clean antecedent and the lack of any material recovered from his possession, a provisional anticipatory bail may be granted subject to verification of antecedent by the trial court.

Summary

The petitioner, Raj Kishore, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 130 litres of liquor near a school. He argued he had a clean antecedent, the liquor was not recovered from his possession, and the only evidence was a confessional statement of Vipendra Rai made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court considered these submissions, noted the absence of material seized from the petitioner and his clean record, and granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. Thus, the petitioner was released on provisional anticipatory bail pending further verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the confessional statement of a co-accused made in police custody can be the sole basis for arrest.
  • Whether the petitioner’s alleged lack of possession of the alleged contraband and his clean antecedent justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • confessional statement
  • clean antecedent
  • bail conditions
  • Cr.P.C. Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91923 of 2025
                     Arising Out of PS. Case No.-396 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Raj Kishore S/o Sant Rai R/o Village - Naya Tola, Sabnima, P.S - Athmalgola,
                 District - Patna
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :      Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 130 litres of liquor from a bag near a school.

                                4. Learned counsel for the petitioner submits that

                   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 belong to the petitioner and

                   he came to be implicated based on the confessional statement of

                   Vipendra Rai 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.91923 of 2025(2) dt.13-01-2026
                                                       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 Athmalgola P.S. Case No. 396 of 2025, subject to the conditions

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