Patna High Court
Rakesh Kumar @ Rakesh ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
Rakesh Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging that he was not arrested on the spot, had no possession of the seized liquor, and was implicated solely on a confessional statement of another accused, which he contended lacks evidentiary value. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior criminal history, including two earlier cases, one under the Excise Act involving the recovery of 4,192.92 litres of liquor. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the furnishing of a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s antecedents. The order stipulated that if more than two prior cases are discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, granting the petitioner anticipatory bail subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the alleged lack of direct evidence and reliance on a co-accused's confessional statement.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the confessional statement of an apprehended accused has evidentiary value for the purpose of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- confessional statement
- Excise Act
- Narcotic Substances Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10715 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Rakesh Kumar @ Rakesh Thakur S/o Shri Ravindra Thakur R/o Village -
Daud Chapra, P.S - Minapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vaishnavi Singh
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases out of which one is
under the Excise Act and allegation is of recovery of 4192.92
litres of liquor from a truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized truck and he came to be implicated based on
Patna High Court CR. MISC. No.10715 of 2026(2) dt.24-02-2026
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confessional statement of apprehended accused in police
custody, which does not have any evidentiary value. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) 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 Minapur P. S. Case No.552 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.10715 of 2026(2) dt.24-02-2026
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found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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