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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that Vikash Kumar is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with the stipulated conditions, while Deepak Kumar's anticipatory bail application was dismissed as withdrawn.

Summary

Vikash Kumar and Deepak Kumar filed an anticipatory bail application in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 3,335.4 litres of liquor. Deepak was arrested during the pendency of the application, and the petitioners sought to withdraw his anticipatory bail, which the court permitted, resulting in the dismissal of his application. Vikash, claiming a clean antecedent but later implicated in one case, argued that he was not in possession of the seized vehicle and that the only basis for his implication was a confessional statement of another accused, which he contended lacked evidentiary value. The State opposed the bail. The court granted Vikash provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties, conditioned on verification of his criminal antecedent under Section 482(2) of the CrPC and a further deposit of Rs.10,000 with the Advocate Association. If more than one antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to a person implicated in a single prior case under the Bihar Excise Act.
  • Whether the anticipatory bail application for Deepak Kumar can be withdrawn after his arrest.
  • Whether a confessional statement of a co-accused, lacking evidentiary value, can justify denial of anticipatory bail.
  • What conditions may be imposed under Section 482(2) of the CrPC for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • provisional bail
  • Section 482 CrPC
  • criminal antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1878 of 2026
                  Arising Out of PS. Case No.-499 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
           1.     Vikash Kumar S/O Hiralal Prasad Resident of Village - Bithuna, P.S. -
                  Basantpur, District - Siwan
           2.    Deepak Kumar S/O Hiralal Prasad Resident of Village - Bithuna, P.S. -
                 Basantpur, District - Siwan

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Prakash Singh
                 For the Opposite Party/s :      Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioners, at the outset,

                   seeks permission to withdraw the anticipatory bail application

                   with respect to petitioner no. 2 (Deepak Kumar), who was arrested

                   during pendency of the instant anticipatory bail application.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 2 (Deepak

                   Kumar).

                             5.    The petitioner no. 1 apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the
Patna High Court CR. MISC. No.1878 of 2026(2) dt.27-01-2026
                                            2/3




          Bihar Excise Act.

                   6.     Learned counsel for the petitioner submits that

          though at para-3 of the anticipatory bail application, it has been

          pleaded that petitioner no. 1 is a person with clean antecedent,

          but then subsequent to filing of the instant anticipatory bail

          application, petitioner no. 1 came to be implicated in one case as

          such the petitioner no. 1 has antecedent of one case and

          allegation is of recovery of 3335.400 litres of liquor from a

          truck.

                   7.     Learned counsel for the petitioner submits that the

          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 he came to be implicated based on

          confessional statement of Pradeep in police custody which does

          not have any evidentiary value.

                   8.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   9.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner no. 1above-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. 5,000/- (Rupees

          Five Thousand) with two sureties of the like amount each to the
              Patna High Court CR. MISC. No.1878 of 2026(2) dt.27-01-2026
                                                          3/3




                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Bhagwanpur Hat P.S.

                        Case No. 499 of 2025, subject to the conditions as laid down under

                        Section 482(2) of the BNSS.

                                 10. 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 more than 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 has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 11. At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 10,000/- with Advocate Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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