Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted where the allegations rest solely on a coerced confession of a co-accused and the petitioner has a clean antecedent, subject to verification and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Laxman Kumar, sought anticipatory bail after being implicated in an excise case alleging recovery of 40.860 litres of liquor from Vina Devi's premises. The allegation was based solely on a confession made by Vina Devi while in police custody, with no material seized from the petitioner and no prior criminal record. The petitioner argued that the confession was obtained under pressure and lacked evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and a deposit of Rs.1,500 with the Advocates’ Association, subject to verification of the petitioner’s antecedent and compliance with Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a confession made by a co-accused in police custody.
- Whether the petitioner’s clean criminal antecedent justifies the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confession in police custody
- clean antecedent
- Section 482 CrPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3236 of 2026
Arising Out of PS. Case No.-1241 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Laxman Kumar Son of Arun Ram Resident of Mohalla- Aamgola Pankha
Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar
For the Opposite Party/s : Mr. Nand Kumar
======================================================
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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40.860 liters of liquor from room of Vina Devi.
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 he came to be
implicated based on confessional statement of Vina Devi in
police custody which does not have any evidentiary value. It is
also submitted that no mother would implicate her own son, but
Patna High Court CR. MISC. No.3236 of 2026(2) dt.28-01-2026
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then under police pressure, her mother was made to confess the
name of the petitioner, when petitioner admittedly is a person
with clean antecedent.
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.
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 Excise
P.S. Case No. 1241 of 2025 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 even
one case then it would be presumed that petitioner, for the
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
Patna High Court CR. MISC. No.3236 of 2026(2) dt.28-01-2026
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verification if it is found that petitioner is a person with clean
antecedent 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.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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