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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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