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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Rupesh Kumar, applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act involving the alleged recovery of 418.8 litres of liquor from two motorcycles. He argued that he was not in possession of the seized vehicles, was not the owner, and that the case against him was based solely on a confessional statement made by another accused, Lakhindra, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence and the petitioner’s alleged seven prior excise cases. Justice Satyavrat Verma, after considering the submissions, ordered provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs. 35,000 with two sureties, and that the trial court verify his criminal antecedent. The order further stipulated that if more than seven prior cases are found, the bail would not be confirmed, whereas confirmation would follow if exactly seven cases are verified.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the petitioner has multiple prior excise cases.
  • Whether a confessional statement made by a co-accused in police custody can be the sole basis for implicating the petitioner.
  • Whether the conditions prescribed under Section 482(2) of the BNSS permit provisional anticipatory bail pending verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • police custody
  • criminal antecedent
  • Section 482
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28709 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Rupesh Kumar S/o Gajendra Ray R/o Village - Masha, P.S. - Bargania, Distt.
                 - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prabhat
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-06-2026               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 seven cases under the Excise Act as

                   would manifest from supplementary affidavit and allegation is

                   of recovery of 418.8 litres of liquor from two motorcycle.

                             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 is not the owner of

                   any of the seized motorcycles and he came to be implicated

                   based on confessional statement of Lakhindra in police custody
Patna High Court CR. MISC. No.28709 of 2026(3) dt.22-06-2026
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          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. 35,000/- (Rupees

          Thirty-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 Bairgania P.S. Case

          No. 60 of 2026, 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

          seven 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
              Patna High Court CR. MISC. No.28709 of 2026(3) dt.22-06-2026
                                                          3/3




                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of seven cases, in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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