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Patna High Court

Shatrudhan Kumar @ Loraha @ Lodha @ Lotha @ Strughan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with bail bond conditions.

Summary

The petitioners, Shatrudhan Kumar and Arjun Bansal, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 300 litres of liquor from two motorcycles. They argued that they were not caught in possession, that the case was based on a confessional statement of another accused, and that no proper investigation had been conducted. The State opposed the bail. The Court granted provisional anticipatory bail, requiring each petitioner to furnish a bail bond of Rs.15,000 with two sureties, and conditioned the confirmation of bail on verification of their criminal antecedents within six weeks. If the petitioners have more prior cases than disclosed, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act
  • Whether the reliance on a confessional statement of another accused suffices for arrest
  • Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91987 of 2025
                  Arising Out of PS. Case No.-397 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
           1.     Shatrudhan Kumar @ Loraha @ Lodha @ Lotha @ Strughan Kumar S/O
                  Kanhaiya Ram R/O Village- Tarachandi Colony, P.S.- Darigaon, District -
                  Rohtas
           2.     Arjun Bansal @ Arjun Kumar @ Arjun Kol S/O Kishun Kol @ Kisun Ram
                  R/O Village- Tarachandi Colony, P.S.- Darigaon, District - Rohtas
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Ms. Gulnar Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of three cases under the

                   Excise Act and allegation is of recovery of 300 litres of liquor

                   from two different motorcycles.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.91987 of 2025(2) dt.13-01-2026
                                            2/3




          of any of the seized vehicles. It is next submitted that petitioners

          came to be implicated based on the confessional statement of

          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is also submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their 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.15,000/- (Rupees Fifteen Thousand) each 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 Sasaram (Mufassil) P.S. Case No. 397 of 2023, 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
           Patna High Court CR. MISC. No.91987 of 2025(2) dt.13-01-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioner no. 1 has antecedent of more than

                     one case and petitioner no. 2 has antecedent of more than three

                     cases, it would be presumed that petitioners had concealed their

                     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 no. 1 has antecedent of only one case and petitioner

                     no. 2 has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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