Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from several vehicles. He argued that he was not caught in possession, did not own the vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s six prior excise cases. The Court granted provisional anticipatory bail conditioned on a Rs.30,000 bond with two sureties and required verification of his criminal antecedent within six weeks. It further stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the petitioner is implicated solely on a confessional statement of another accused.
- Whether the petitioner’s prior six cases under the Excise Act affect the grant of anticipatory bail.
- Whether the police investigation, lacking seizure from the petitioner’s possession, is sufficient to justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
- Section 30(a)
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3078 of 2026
Arising Out of PS. Case No.-430 Year-2024 Thana- SONO District- Jamui
======================================================
Rakesh Kumar Son of Sanjay Singh Resident of Village- Manjour, P.S.-
Warisaliganj Town, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ankita Kumari, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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
petitioner has antecedent of six cases under the excise act and
allegation is of recovery of 756.750 liters of liquor from two
four wheelers along with 2 motorcycles.
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
owner of any of the seized vehicles and he came to be
implicated based on confessional statement of apprehended
Patna High Court CR. MISC. No.3078 of 2026(2) dt.28-01-2026
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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.
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.
30,000/- (Rupees Thirty 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 Sono P.S.
Case No. 430 of 2024 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 six cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.3078 of 2026(2) dt.28-01-2026
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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 six
cases only, 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, undertakes to deposit an amount of Rs.
5,000/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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