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Patna High Court

Bobby Kumar @ Babi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of his criminal antecedent.

Summary

Bobby Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37(c) of the Bihar Excise Act, alleging that 12 litres of liquor were recovered from another person, Ravi Shankar Kumar. The petitioner argued that he had no possession of the liquor, no direct involvement, and that the case against him was based solely on a confessional statement made by Ravi Shankar while in police custody, which the petitioner claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs. 5,000 bond, two sureties, and a six‑week surrender, directing the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act based on a co‑accused’s confessional statement.
  • Whether the confessional statement of Ravi Shankar made in police custody is admissible against the petitioner.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • police custody
  • criminal antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38842 of 2026
                       Arising Out of PS. Case No.-404 Year-2024 Thana- CHENARI District- Rohtas
                 ======================================================
                 Bobby Kumar @ Babi Kumar S/O Vijay Bind R/O Village- Datauli, PS-
                 Chenari, Dist- Rohtas
                                                                   ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad
                 For the Opposite Party/s :       Mr. Abhay Kumar
                 ======================================================
                 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.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   37(c) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of recovery

                   of 12 liters of liquor from possession of Ravi Shankar Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and he has no concern or

                   relation with Ravi Shankar and came to be implicated based on

                   confessional statement of Ravi Shankar in police custody which

                   does not have any evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
            Patna High Court CR. MISC. No.38842 of 2026(2) dt.18-06-2026
                                                        2/2




                                   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 Trial Court within a

                      period of six weeks from today, be released on Provisional

                      anticipatory bail on furnishing bail bonds of Rs. 5000/- (Rupees

                      Five Thousand) 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 Chenari P.S. Case No.

                      404 of 2024 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 more than 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 has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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