Patna High Court
Bhanu Kumar @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of criminal antecedents, with the possibility of revocation if more than two prior cases are found.
Summary
The petitioners, Bhanu Kumar, Pawan Kumar and Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 100 litres of liquor from a sack thrown from a motorcycle. They argued that they were not arrested on the spot, no liquor was found in their possession, and the only basis for their implication was a confessional statement made by a co‑accused, Shakti, while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioners' criminal antecedents, stating that if more than two prior cases are found, the bail may be revoked. The order was made under Section 482(2) of the B.N.S.S., pending verification. The court clarified that the provisional bail would be confirmed if the antecedent check aligns with the petitioners' claim.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act, 2018.
- Whether a confessional statement made by a co‑accused in police custody is sufficient ground for arrest and denial of bail.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37470 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- TILAUTHU District- Rohtas
======================================================
1. Bhanu Kumar @ Anshu Kumar S/O Dara Yadav @ Shiv Kumar Yadav
Resident of Village / Muhalla - Maharajganj, P.S- Tilauthu,Dist-Rohtas,
State- Bihar
2. Pawan Kumar @ Laddu S/O- Vinod Yadav R/O- Village/Muhalla.- Tumba
P.S.- Rohtas, District - Rohtas, State-Bihar
3. Rakesh Kumar @ Rakesh Kumar Yadav S/O- Chandradev Singh @
Chandradev Yadav R/O-Village/Muhalla.- Maharajganj P.S.- Tilauthu,
District Rohtas, State-Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases under the Excise Act
and allegation is of recovery of 100 litres of liquor from a sack
thrown from a motorcycle. It is next submitted that petitioners
were not arrested from the spot as such nothing was recovered
from their conscious possession and are not the owners of the
Patna High Court CR. MISC. No.37470 of 2026(2) dt.17-06-2026
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seized vehicle and they came to be implicated based on
confessional statement of Shakti in police custody which does
not have any evidentiary value. It is also submitted that once an
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 petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender 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) each
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 Tilauthu P.S. Case No.86/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than two cases, in that event, it would be presumed that
Patna High Court CR. MISC. No.37470 of 2026(2) dt.17-06-2026
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petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed but if after verification the criminal antecedent as
recorded hereinabove tallies with the petitioners in that event
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
U T
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