Patna High Court
Raj KishoreversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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