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Patna High Court

Kjan Kumar @ Kajan MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the petitioner’s clean antecedent and lack of direct possession, provisional anticipatory bail may be granted subject to verification of antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Kjan Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging possession of liquor recovered from another individual and a flat not owned by him. He contended that he had no direct possession of the liquor, the flat was unrelated to him, and the case was based solely on confessional statements made by co‑accused in police custody, which he argued lacked evidentiary value. The petitioner also emphasized his clean criminal antecedent. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, ordered provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order further provides that if any prior case is discovered, the bail may be cancelled; otherwise, it will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether confessional statements made in police custody can form a sufficient basis for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • confessional statements
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37382 of 2026
                      Arising Out of PS. Case No.-407 Year-2026 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Kjan Kumar @ Kajan Mahto S/o Kailash Mahto @ Kalesh Mahto Resident of
                 Village - L.I.G. Colony, P.S.- Agamkuan, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Rai
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 4.5 litres of liquor from possession of Siddharth and

                   161.64 litres of liquor from flat No. 435 at LIG colony.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the flat from

                   where the liquor is alleged to have been recovered does not

                   belong to petitioner and petitioner has no concern or relation
Patna High Court CR. MISC. No.37382 of 2026(2) dt.16-06-2026
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          with Siddharth and he came to be implicated based on

          confessional statement of Siddharth and Santu in police custody

          which does not have any evidentiary value. It is reiterated and

          submitted that petitioner is a person with clean antecedent.

                   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, 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. 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 Agamkuan P.S. Case No. 407 of 2026, subject

          to the conditions as laid down under Section 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 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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.37382 of 2026(2) dt.16-06-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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