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Patna High Court

Krish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Krish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 24,600 litres of liquor from two motorcycles. He contended that he was not in possession of the liquor, was not the owner of the vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if three or fewer, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 where the petitioner is implicated solely on a confessional statement of another accused.
  • Whether the confessional statement of an accused in police custody has evidentiary value for granting anticipatory bail.
  • Whether the trial court should verify the petitioner’s prior criminal antecedents before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • Section 30(a)
  • Section 482(2)
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30851 of 2026
                      Arising Out of PS. Case No.-304 Year-2025 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Krish Kumar Son of Indal Sah Resident of Village - Turkpati, P.S.- Hathua,
                 District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh
                 For the Opposite Party/s :       Mr. Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 24.600 litres of liquor from two

                   different motorcycles. It is next submitted 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 apprehended accused in police

                   custody which does not have any evidentiary value. It is also
Patna High Court CR. MISC. No.30851 of 2026(2) dt.07-05-2026
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          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.15,000/- (Rupees fifteen 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 Hathua P.S. Case No.304/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          three cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of three
             Patna High Court CR. MISC. No.30851 of 2026(2) dt.07-05-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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