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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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