Patna High Court
Gautam Kumar @ Bolbam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to a bail‑bond, sureties and verification of his antecedent.
Summary
The petitioner, Gautam Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 2 litres of liquor were recovered from a motorcycle. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and that the only link to him was a confessional statement made by Karan Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions and noting the petitioner’s clean antecedent, granted a provisional anticipatory bail order conditioned on a bail‑bond of Rs 500 with two sureties and compliance with Section 482(2) of the B.N.S.S. The order also directed the trial court to verify the petitioner’s antecedent and stipulated that the bail would be revoked if any prior case is discovered. Additionally, the petitioner undertook to deposit Rs 1,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based solely on a confessional statement of another person and the petitioner has no direct possession of the contraband.
- Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- clean antecedent
- bail bond
- Section 482
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3565 of 2026
Arising Out of PS. Case No.-1590 Year-2025 Thana- PHULWARISHARIF District- Patna
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Gautam Kumar @ Bolbam Kumar S/o Raj Kumar @ RAj Kumar Paswan R/o
Khalilpura, Ward No. 3, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a) and 37 of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2 litres of liquor from a motorcycle. 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 the seized vehicle and he came to be implicated
based on confessional statement of Karan Kumar in police
custody, which does not have any evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail
Patna High Court CR. MISC. No.3565 of 2026(2) dt.29-01-2026
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application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise, Patna in connection with Phulwarisharif P.S. Case
No.1590 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
Patna High Court CR. MISC. No.3565 of 2026(2) dt.29-01-2026
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8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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