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Patna High Court

Vijay Kumar @ Vijay ShahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail‑bond conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Vijay Kumar, applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 41(1) of the Excise Act concerning the alleged recovery of 144 litres of liquor from a car. He argued that he was not in possession of the seized vehicle, was not arrested on the spot, and that the case against him relied solely on a confessional statement made by Anil while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s prior involvement in an earlier Excise case. Justice Satyavrata Verma, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs 5,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent and may withdraw the bail if more than one prior case is found. Consequently, the anticipatory bail application was allowed, pending verification of the antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. given the alleged offences under the Excise Act and his prior criminal antecedent.
  • Whether the confessional statement of Anil recorded in police custody can form a basis to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • criminal antecedent
  • confessional statement
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38958 of 2026
                     Arising Out of PS. Case No.-100 Year-2026 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Vijay Kumar @ Vijay Shah S/o Shiv Kumar Sah Resident of Village- Chikani
                 Ward No. 8, P.S. Bhapatiyahi, District Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kamal Kishore Singh
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 144 litres of liquor from a car.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized car and he came to be implicated based on

                   confessional statement of Anil in police custody which does not

                   have any evidentiary value.
Patna High Court CR. MISC. No.38958 of 2026(2) dt.18-06-2026
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                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (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 S.T. Excise No.436 of 2026 arising out of Kishanpur P. S.

          Case No.100 of 2026, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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

          obtaining anticipatory bail had concealed his antecedent before

          this Court, in that event, the present provisional anticipatory bail

          order shall not be confirmed, but if on verification, it is found
               Patna High Court CR. MISC. No.38958 of 2026(2) dt.18-06-2026
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                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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