Custodial interrogation not required for bail in anticipation of arrest under specific legal circumstances.

ORDER

1. Leave granted.

2. By the impugned judgment and order dated 4^th August, 2025, the High Court of Judicature at Patna has rejected the appellant’s prayer for bail in anticipation of arrest.

3. Appellant figures as an accused in FIR No. 526/2022 dated 6th November, 2022 registered with Police Station Tajpur, District Samastipur. It is alleged in the FIR that the appellant has committed offence(s) punishable under Section 30(a), of the Bihar Prohibition and Excise Act , 2022 and Section(s) 272, 273, 274 and 34 of the Indian Penal Code , 1860.

4. We have heard learned counsel appearing for the appellant as well as the respondents.

5. It is not in dispute that the appellant has joined investigation by appearing before the investigating officer thrice as and when called upon.

6. In such view of the matter and considering the nature of allegations, we are of the considered opinion that custodial interrogation of the appellant is not necessary and that there is sufficient ground for the appellant to be admitted to an order for grant of bail in anticipation of arrest.

7. Accordingly, the impugned judgment and order stands set aside.

8. It is directed that in the event of the appellant being arrested in connection with proceedings arising out of the aforesaid FIR, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.

9. It is made clear that in the event the appellant breaches any of the terms and conditions imposed by it, the trial court shall be at liberty to cancel the bail of the appellant.

10. Needless to observe, the appellant shall not, directly or indirectly, by making inducement, threat or promise, dissuade any person acquainted with the facts of the case from disclosing such facts to any police officer or to the court.

11. Also, since the investigation is yet to conclude, we direct that if the investigating officer calls upon the appellant to join the investigation, he shall do so by attending the police station.

12. We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.

13. The appeal is allowed on the above terms.

14. Pending application(s), if any, shall stand disposed of.

ORDER

1. Leave granted.

2. The appeal is allowed in terms of the signed order placed on the file.