Patna High Court
Vikky Kumar @ vickey KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond and surety conditions, pending verification of his criminal antecedents.
Summary
Vikky Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from premises adjacent to his house and from a location behind another individual's house. The petitioner argued that no liquor was found in his possession and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner was implicated in an excise offence. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further held that if more than one prior case is found, the bail would not be confirmed, but if only one prior case exists, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by another person in police custody can form the basis for granting anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12165 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Vikky Kumar @ vickey Kumar Son of Lalbabu Bhagat Resident of Village-
Kolhua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 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
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 1.62 liters of liquor from a place
behind the house of Rajesh Kumar and 27.5 liters of liquor from
a place behind the house of petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.12165 of 2026(2) dt.26-02-2026
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but then is adjacent to his house and he came to be implicated
based on confessional statement of Rajesh in police custody
which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 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.
5,000/- (Rupees Five 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 Ahiyapur
P.S. Case No. 10 of 2026 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 more
Patna High Court CR. MISC. No.12165 of 2026(2) dt.26-02-2026
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than 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 has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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