Patna High Court
Prakash Kumar @ Prakash DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bail bond conditions and verification of his criminal antecedent.
Summary
The petitioner, Prakash Kumar, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 106.570 litres of liquor from a Toto vehicle. He argued that he was not in possession of the liquor, did not own the vehicle, and was implicated solely on a confessional statement made by Manoj in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner had prior excise cases. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. The order stipulated that if more than two prior cases are found, the bail would be cancelled; if exactly two are found, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the confessional statement of a co-accused made in police custody can be the sole basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39023 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- PRANPUR District- Katihar
======================================================
Prakash Kumar @ Prakash Das S/O Nageshwar Das R/O Chhath pokhar, PS-
Sahayak Khazanchi, Distt- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 106.570 litres of liquor from a Toto
vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Manoj in police custody which does
Patna High Court CR. MISC. No.39023 of 2026(2) dt.22-06-2026
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not have any evidentiary value. It is further submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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. 10,000/- (Rupees
Ten 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 Pranpur P.S. Case No.
92 of 2026, 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 two
cases 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
Patna High Court CR. MISC. No.39023 of 2026(2) dt.22-06-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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