Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.
Summary
Akash Kumar applied for anticipatory bail fearing arrest in a case under Sections 317(5), 338, 336(3) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 78 litres of liquor from a motorcycle. The petitioner argued he had a clean antecedent, was not the owner of the vehicle, and the case was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedent and compliance with Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether a confessional statement of another accused can form the basis for arrest.
- Whether the petitioner’s antecedent record affects the grant of anticipatory bail.
- Applicability of Section 482(2) of the B.N.S.S. in granting provisional anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 317(5), 336(3), 338
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- confessional statement
- clean antecedent
- Section 482
- excise law
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.169 of 2026
Arising Out of PS. Case No.-467 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Akash Kumar Son of Gautam Yadav Resident of Village- Shankar Saraiya
Ahir Toli, P.S.- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 317(5), 338 and
336(3) of B.N.S., 2023 as well as Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 78 litres of liquor from a motorcycle. It is next
submitted that 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 came to be implicated based
on confessional statement of the apprehended accused in police
Patna High Court CR. MISC. No.169 of 2026(2) dt.13-01-2026
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custody which does not have any evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Court No.-I, East Champaran, Motihari in connection
with Muffasil P.S. Case No.467 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 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
Patna High Court CR. MISC. No.169 of 2026(2) dt.13-01-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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