Patna High Court
Abhishek kushwaha @ Abhishek kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Abhishek Kushwaha, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 35 litres of liquor from a motorcycle. He argued that he had a clean antecedent, the liquor was not found in his conscious possession, and the case was based solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing a bail bond of Rs. 500 with two sureties and complying with conditions under Section 482(2) of the BNSS. The Court directed the trial court to verify the petitioner’s criminal antecedent and stipulated that if any prior case is discovered, the provisional bail would not be confirmed. If the verification confirms a clean antecedent, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act based on a confessional statement of a co-accused.
- Whether the confessional statement made in police custody has evidentiary value for granting anticipatory bail.
- Whether the petitioner’s clean antecedent warrants provisional anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11904 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Abhishek kushwaha @ Abhishek kumar Son of Achhelal Kushwaha @
Achchelal Prasad Kushwaha Resident of village- Semra, Ps- Chiraiya, Dist-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 35 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized vehicle and he came to be implicated based on confessional
statement of apprehended-accused in police custody which does not
have any evidentiary value.
Patna High Court CR. MISC. No.11904 of 2026(2) dt.24-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event of
his arrest or surrender 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 Shikarganj P.S.
Case No. 256 of 2025, subject to the conditions as laid down under
Section 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 in the event
if it is found that petitioner has antecedent of even one case then it
would be presumed that petitioner, for the purposes of seeking
anticipatory bail, had concealed his antecedent before this Court, as
such, the provisional anticipatory bail order shall not be confirmed,
but after verification if it is found that petitioner is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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