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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to conditions under Section 482(2) of the BNSS, with confirmation contingent on verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Section 30(d) of the Bihar Excise Act for alleged recovery of 40 litres of Jawa Mahua and 100 litres of raw Jawa. He argued that no contraband was seized from his possession, the alleged recovery occurred on public land, and the case was based solely on a confessional statement made by Rupesh while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of furnishing a Rs.5,000 bail bond with two sureties and subject to Section 482(2) of the BNSS, directing the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the provisional bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order thus balances the petitioner’s right to liberty with the State’s interest in enforcing the excise law.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(d) of the Bihar Excise Act.
  • Whether a confessional statement made by a co-accused in police custody can alone justify arrest and denial of bail.
  • Whether the petitioner’s prior criminal antecedent of one case affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(d)
  • confessional statement
  • criminal antecedent
  • Section 482(2) BNSS
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12290 of 2026
                      Arising Out of PS. Case No.-78 Year-2025 Thana- MORKAHI District- Khagaria
                 ======================================================
                 Rahul Kumar S/O Pawan Yadav @ Shree Lal Yadav Village-Rampur Alauli,
                 Ward No. 01, P.S.- Alauli, District-Khagaria
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Prakash, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State, Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(d) 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 40 liters of Jawa Mahua along with

                   100 liters of raw Jawa from a place near a maize field.

                                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

                   and is accessible to public at large            he came to be implicated

                   based on confessional statement of Rupesh in police custody

                   which does not have any evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.12290 of 2026(2) dt.27-02-2026
                                                        2/2




                      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. 5000/- (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 Morkahi P.S. Case No.

                      78 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 more 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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