Patna High Court
Mithilesh Kumar @ Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Mithilesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(i)(ii) and 41 of the Bihar Excise Act for allegedly possessing 180.360 litres of liquor in a Scorpio vehicle. He argued that he has a clean antecedent, was not caught in possession, and the case against him rests solely on a confessional statement of another accused made in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending that the allegations merit prosecution. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The court directed the trial court to verify the petitioner’s antecedent and stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the BNSS, exercising the court’s inherent powers.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether a confessional statement of a co-accused made in police custody can form the basis for granting anticipatory bail.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
- Whether the High Court can impose conditions and a provisional nature to anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- clean antecedent
- Section 482
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15561 of 2026
Arising Out of PS. Case No.-334 Year-2022 Thana- SABAUR District- Bhagalpur
======================================================
Mithilesh Kumar @ Chandan Kumar S/o Deepak Mandal Resident of -
Majarahat, Ward No. 13, P.S - Singheshwar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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), 32(i)
(ii) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 180.360 liters of liquor from a Scorpio vehicle.
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 is not the owner of
the seized vehicle he came to be implicated based on confessional
statement of apprehended accused in police custody which does
not have any evidentiary value, when petitioner admittedly is a
person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.15561 of 2026(2) dt.16-03-2026
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. 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 Goradih (Sabor) P.S.
Case No. 334 of 2022 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)
Rishabh/-
U T
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