Patna High Court
Akash Poddar @ Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent record.
Summary
The petitioner, Akash Poddar, sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 400 litres of liquor from a Tata Sumo Gold vehicle. He argued that he was not arrested at the scene, had no possession of the liquor, was not the vehicle's owner, and was implicated solely on a confessional statement made by a co-accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior three excise cases. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged excise offence and his prior criminal antecedents.
- Whether a confessional statement made by a co-accused in police custody can alone justify the issuance of a non-bailable warrant.
- Whether the police investigation was conducted in accordance with procedural requirements before implicating the petitioner.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- police investigation
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12949 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- Excise P.S. District- Munger
======================================================
Akash Poddar @ Akash Kumar Son of Prakash Poddar R/o Village -
Nayagaon, Kabrgah, P.S. - Jamalpur, Munger, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 has antecedent of three cases under the Excise Act and
allegation is of recovery of 400 litres of liquor from Tata Sumo
Gold vehicle.
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 Chotu in police custody which does
Patna High Court CR. MISC. No.12949 of 2026(2) dt.15-04-2026
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not have any evidentiary value. It is further 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.
15,000/- (Rupees Fifteen 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
Munger Excise P.S. Case No. 235 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 three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.12949 of 2026(2) dt.15-04-2026
3/3
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 three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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