Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.
Summary
Shankar Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 46.125 litres of liquor from a motorcycle and an auto. The petitioner claimed a clean antecedent and argued that the seized liquor was not in his conscious possession and that the case was based solely on confessional statements of co‑accused taken in police custody, which lack evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent and the conditions of Section 438(2). The Court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
- Whether confessional statements of co‑accused recorded in police custody have evidentiary value for granting bail.
- Whether the petitioner’s lack of conscious possession and ownership of the seized vehicles justifies bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- confessional statements
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37010 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- Bahera District- Gaya
======================================================
Shankar Kumar Son of Karu Yadav Resident of Village- Garwaiya, P.S.-
Barachatti, District- Gaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 46.125 litres of liquor from a motorcycle and an
auto.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicle and he came to be implicated based on
confessional statement of Saurav and Vikash in police custody,
Patna High Court CR. MISC. No.37010 of 2026(2) dt.16-06-2026
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which does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Bahera P. S. Case No.158 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds 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
Patna High Court CR. MISC. No.37010 of 2026(2) dt.16-06-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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