Patna High Court
Krish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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