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Patna High Court

Kapil Kumar @ Kapil ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with bail bond requirements.

Summary

The petitioner, Kapil Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, concerning alleged recovery of nine litres of liquor. He argued that the alleged contraband was not found in his possession, the recovery occurred at a location not belonging to him, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the investigation was proper. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of his criminal antecedents. The court further directed that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one prior case is discovered.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the B.N.S.S. in a case arising under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016?
  • Does a confessional statement made by a third person in police custody constitute sufficient basis for arrest in an excise offence?
  • Should the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • Bihar Prohibition and Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36871 of 2026
                  Arising Out of PS. Case No.-130 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Kapil Kumar @ Kapil Chaudhary S/o Vinod Chaudhari Resident of Village-
                 Nawadih Panari, P.S.- Hunterganj, Distt.- Chatra (Jharkhand)

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kumar
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 9 litres of liquor from a sack. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and he came to be implicated based on

                   confessional statement of Jayram in police custody which does

                   not have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.36871 of 2026(2) dt.16-06-2026
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          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.5000/- (Rupees 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 Excise Sherghati P.S. Case No.130 of 2026,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

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

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.36871 of 2026(2) dt.16-06-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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