Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail should be granted as there is insufficient material against the petitioner and he has undertaken to cooperate with the investigation.
Summary
The petitioner, Aakash Kumar, sought anticipatory bail after the police apprehended two co-accused with 20 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the petitioner fled the scene. The prosecution’s case relied solely on the confessional statements of the arrested co-accused, with no material recovered from the petitioner’s possession. The petitioner, who has three prior criminal antecedents and is currently on bail, asserted his innocence and offered to cooperate with the investigation. The State opposed the bail, but the court noted the lack of direct evidence against the petitioner and his willingness to cooperate. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the only evidence against the petitioner is the confessional statements of co-accused under the Bihar Prohibition and Excise Act.
- Whether the petitioner is likely to abscond or tamper with evidence, justifying denial of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32290 of 2026
Arising Out of PS. Case No.-125 Year-2026 Thana- BAHADURPUR District- Patna
======================================================
Aakash Kumar S/o- Ganauri Sahni @ Manauri Shahni R/Vill- Sandalpur,
Akhada, P.S- Bahadurpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, two accused persons
were apprehended on the spot with 20 litres country made liquor
kept in a sack and petitioner is alleged to have fled away.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case on the basis of confessional statement of apprehended
accused persons. Nothing has been recovered from conscious
possession of the petitioner. Except disclosure statement,
nothing material is against the petitioner. Petitioner has three
Patna High Court CR. MISC. No.32290 of 2026(2) dt.13-05-2026
2/2
criminal antecedents in which he is on bail. The petitioner
undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the fact
that the name of petitioner surfaced in the confessional
statement of apprehended accused persons, in the event of arrest
or surrender before the Court below within six weeks from
today, the petitioner be released on bail on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court of Excise, Patna City, Patna in connection with
Bahadurpur P.S. Case No. 125 of 2026, subject to the conditions
as laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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