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Patna High Court

VIKASH KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail conditions.

Summary

The petitioner, Vikash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 40 litres of liquor near the Gandak river. He argued he has a clean antecedent, the alleged liquor was not found in his possession, and the case is based solely on a confessional statement made by Brahm Kumar while in police custody, which lacks evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision rests on the provisions of Section 482(2) of the B.N.S.S. and the principles governing anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether a confessional statement made in police custody can form the sole basis for arrest.
  • Whether the petitioner’s clean antecedent warrants the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • confessional statement
  • clean antecedent
  • bail conditions
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38365 of 2026
                   Arising Out of PS. Case No.-103 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 VIKASH KUMAR S/o Shambhu Sahni R/o vill - Ismailpur, P.S.- Hajipur
                 Sadar, Distt.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Chandra Bhushan Prasad.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from a place near Gandak river. 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 is accessible to villagers and he came to be

                   implicated based on confessional statement of Brahm Kumar in

                   police custody which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.38365 of 2026(2) dt.18-06-2026
                                                       2/2




                     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.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 Hajipur

                     Sadar (Kajipur) P.S. Case No.103/2026, 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 even 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 on verification

                     it is found that petitioner is a person with clean antecedent, in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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