Patna High Court
Ramesh Kumar @ Ramesh Yadav @ DhisnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions, with confirmation contingent upon verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ramesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 210.6 litres of liquor were allegedly recovered from four vehicles. He argued that he was not arrested at the spot, had no possession of the liquor, and was not the owner of the seized vehicles, contending that his implication relied solely on a confessional statement of another accused, Deepak Kumar, which he claimed lacked evidentiary value. The State opposed the bail, emphasizing the seriousness of the excise offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of the petitioner’s criminal antecedent. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two prior cases are verified. The petitioner also undertook to deposit Rs.2,500 with the Patna High Court Lawyers’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of another accused can form a basis for arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3605 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Ramesh Kumar @ Ramesh Yadav @ Dhisna Son of Late Musan Yadav R/o -
Purwaritol, Phulpras, P.S - Phulpras, District - Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 210.6 litres of liquor from four
different vehicles.
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 any of the seized vehicles and
came to be implicated based on the confessional statement of
Deepak Kumar in police custody which does not have any
Patna High Court CR. MISC. No.3605 of 2026(2) dt.29-01-2026
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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, secret information or confessional
statement 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 for the petitioner, let 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.10,000/- (Rupees Ten 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 Phulpras
P.S. Case No. 290 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.3605 of 2026(2) dt.29-01-2026
3/3
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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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