Patna High Court
Amarjit Kumar @ MitthuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated bail conditions.
Summary
Amarjit Kumar, the petitioner, sought anticipatory bail fearing arrest in a case registered under Section 317(5) of the Bihar Narcotic Substances Act, 2023, together with several provisions of the Bihar Excise Act. He alleged that the liquor seizure of 2,359.44 liters from multiple vehicles was not made in his presence, no liquor was recovered from his possession, and his implication relied solely on a confessional statement of another accused in police custody, which he contended lacks evidentiary value. The State opposed the bail, citing his antecedent of five prior excise cases. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs.25,000 bail bond with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the prosecution's case is based primarily on a confessional statement of another accused.
- Whether the petitioner’s antecedent of five prior excise cases precludes the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police procedure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20601 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- KATHAIYA District- Muzaffarpur
======================================================
Amarjit Kumar @ Mitthu son of Lalbabu Rai Resident of village- Pana
Chhapra PS -Kathaiya District -Muzaffarpur
... ... 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. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 317(5) of
the BNS, 2023 read with Sections 30(a), 32(2), 32(3), 36, 41(1)
and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act as
per supplementary affidavit and allegation is of recovery of
2359.440 liters of liquor from a Scorpio vehicle and two pick up
vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.20601 of 2026(2) dt.17-04-2026
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owner of any of the seized vehicles and came to be implicated
based on confessional statement of apprehended accused in
police custody which does not have any evidentiary value. It is
also 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. It is also submitted that petitioner in similar
manner earlier also came to be implicated in cases relating to
excise.
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.
25000/- (Rupees Twenty Five 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 Kathaiya P.S. Case No. 189 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.20601 of 2026(2) dt.17-04-2026
3/3
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 five
cases 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 five cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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