Patna High Court
Ashok Kumar Sah @ Rudal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Ashok Kumar Sah applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 120 litres of liquor from three motorcycles. The petitioner argued that he had no prior criminal record, was not arrested at the scene, and that the only evidence against him was a confessional statement made by a co-accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of his antecedents and a deposit of Rs.1500 with the Advocates’ Association. The court stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement of a co-accused made in police custody.
- Whether the petitioner’s clean antecedent and lack of arrest justify granting anticipatory bail under Section 438 Cr.P.C.
- Whether the conditions imposed under Section 438(2) Cr.P.C. are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- clean antecedent
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2877 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- PHENHARA District- East Champaran
======================================================
Ashok Kumar Sah @ Rudal Sah S/o Lalan Sah Resident of Village-
Madhubani, PS- Phenhara, District-East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
Mr.Dhandev Kumar
Mr.Sumit Kumar Gupta
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 120 litres of liquor from three motorcycles.
4. The learned counsel for the petitioner submits that
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 vehicle and he came to be implicated based on
confessional statement of Nikhil in police custody, which does
Patna High Court CR. MISC. No.2877 of 2026(2) dt.28-01-2026
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not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Phenhara P. S. Case No.267 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
Patna High Court CR. MISC. No.2877 of 2026(2) dt.28-01-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Advocates’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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