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Patna High Court

Om Prakash Kumar @ OmversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Om Prakash Kumar, sought anticipatory bail fearing arrest in a case under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 406.08 litres of liquor from a vehicle. He contended that he was not arrested on the spot, no liquor was found in his possession, and he was not the owner of the seized vehicle, arguing that the case was based solely on a confessional statement of an accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. If the verification shows more than seven prior cases, the bail will not be confirmed; if exactly seven, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the confessional statement of an accused in police custody can form a basis for arrest
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 317
  • excise law
  • confessional statement
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33354 of 2026
                      Arising Out of PS. Case No.-101 Year-2024 Thana- Benibad District- Muzaffarpur
                 ======================================================
                 Om Prakash Kumar @ Om S/o Bhagwan Sahni R/o Mohalla - Tehwara, P.S.-
                 Katra, District- Muzaffarpur
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Madan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026                  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 317(5) of

                   the BNS as well as Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 406.08

                   litres of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.33354 of 2026(3) dt.25-06-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let 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.35,000/-

          (Rupees Thirty-five 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 Benibad

          P.S. Case No. 101 of 2024, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

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

          seven cases, it would be presumed that petitioner had concealed
           Patna High Court CR. MISC. No.33354 of 2026(3) dt.25-06-2026
                                                       3/3




                     his antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only seven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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