Patna High Court
Ajeet Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to the conditions of Section 482(2) of the BNSS, pending verification of the petitioner’s antecedent cases.
Summary
The petitioner, Ajeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from two motorcycles he owned. He argued that he was not caught in possession, that the police relied on the vehicle ownership and a confessional statement of another accused, and that such evidence was insufficient for arrest. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS, directing verification of the petitioner’s criminal antecedents. The order further stipulated that if more than two antecedent cases are found, the bail would not be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of a vehicle and a co-accused’s confessional statement constitute sufficient grounds for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- vehicle ownership
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2410 of 2026
Arising Out of PS. Case No.-343 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Ajeet Kumar @ Ajit Kumar S/o Mantun Singh R/o Village - Maheshvara, P.S
- Nawkothi, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 118.8 litres
of liquor from two motorcycles.
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 he came to be
implicated based on the fact that he is owner of one of the
Patna High Court CR. MISC. No.2410 of 2026(2) dt.27-01-2026
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seized motorcycles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Deepak would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot. It is also
submitted that he came to be implicated based on confessional
statement of apprehended-accused 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. 10,000/- (Rupees
Ten 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 Muffasil P.S. Case No.
Patna High Court CR. MISC. No.2410 of 2026(2) dt.27-01-2026
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343 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 two
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 two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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