Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from a straw heap on his field and from a house belonging to another accused. He argued he has a clean antecedent, was not arrested at the spot, and the only evidence against him is a confessional statement by Gori Devi made in police custody, which he claims lacks evidentiary value. The State opposed the bail, contending the allegations warrant detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; if none is found, the provisional bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act
- Whether a confessional statement made in police custody by a third party can be the basis for denying anticipatory bail
- Whether the petitioner’s alleged possession of liquor on his field constitutes sufficient ground for arrest
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- confessional statement
- clean antecedent
- provisional bail
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17760 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- BHAGWANGANJ District- Patna
======================================================
Deepak Kumar S/O Bhuar Yadav @ Nagendra Yadav R/O Village- Khainia
Chak, P.S- Bhagwanganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 121.5 litres of liquor from conceal under heap of
straw kept in a field belonging to three accused persons and
from the house of Rakesh Kumar out of which 40 litres of liquor
from is alleged to have been recovered from a heap of straw
kept in Khatian of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
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recovered from his conscious possession and Khatian is a place
outside the house and is accessible to villagers at large. It is next
submitted that no prudent person would use his own Khatian for
committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is further
submitted that he came to be implicated based on confessional
statement of Gori Devi in police custody which does not have
any evidentiary value. It is also submitted that petitioner has no
concern or relation with Gori Devi.
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 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 Bhagwanganj P.S. Case No. 8 of 2026, 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
Patna High Court CR. MISC. No.17760 of 2026(2) dt.19-03-2026
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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)
Sumit/-
U T
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