Patna High Court
Deepak Kumar @ Deepak RayversusThe 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 record.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor and jaggery solution. He argued that he was not arrested at the scene, had no possession of the seized vehicles, and that the case was based solely on a confessional statement of a co‑accused, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The court clarified that if more than one antecedent case is found, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) Excise Act.
- Whether a confessional statement of a co‑accused can justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15638 of 2026
Arising Out of PS. Case No.-751 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Deepak Kumar @ Deepak Ray S/O Achchhelal @ Achchhelal Ray R/O
Newaji Tola Dharmshala, P.S.- Revilganj, Dist.- Saran, Bihar, Currently R/at
Roopganj, Adda no. 2, P.S.- Town, Dist.- Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhijeet Abhigyan
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 20 litres of liquor along with
30kg. of jaggery solution from an auto and one motorcycle was
seized.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.15638 of 2026(2) dt.16-03-2026
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any of the seized vehicle and he came to be implicated based on
confessional statement of Mithu Rai in police custody, which
does not have any evidentiary value. It is next submitted that
police in majority of cases implicating innocent persons either at
the behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Town P. S. Case No.751 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.15638 of 2026(2) dt.16-03-2026
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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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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