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Patna High Court

Bhanu Kumar @ Anshu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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