Patna High Court
Bobby Kumar @ Babi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 37(c)
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
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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