Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the arrest is not imminent, the evidentiary material is weak, and the petitioner’s antecedent does not exceed three cases, subject to verification.
Summary
Kaushal Kumar, accused under Sections 30(a), 30(c) and 30(d) of the Bihar Excise Act for allegedly recovering 100 litres of liquor from a forest area, applied for anticipatory bail. He contended that he was not arrested at the spot, no liquor was found in his possession, and the case was based solely on a confessional statement made by Suresh while in police custody, which he argued lacked evidentiary value. The petitioner also disclosed three prior criminal cases, one of which relates to the Excise Act. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the weak evidentiary basis and the petitioner’s lack of immediate arrest, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and subject to verification of his antecedents under Section 482(2). The order further stipulated that if the petitioner is found to have more than three prior cases, the bail would be revoked.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the confessional statement of a co-accused made in police custody can form a basis for arrest
- Whether the petitioner’s antecedent of three prior cases disqualifies him from anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- police custody
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20502 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- PAUTHU District- Aurangabad
======================================================
Kaushal Kumar Son of Ramanand Paswan R/o Village - Ghejna, P.S. - Goh,
Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 Sections 30(a),
30(c) and 30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases out of which one case is
under the Excise Act and allegation is of recovery of 100 litres
of liquor from a forest area.
4. 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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.20502 of 2026(2) dt.31-03-2026
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based on confessional statement of Suresh in police custody
which does not have any evidentiary value. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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 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.
15,000/- (Rupees Fifteen 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
Pauthu P.S. Case No. 129 of 2025, 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 event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.20502 of 2026(2) dt.31-03-2026
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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 three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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