Patna High Court
Ashutosh Kumar @ GoldiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties and verification of antecedents.
Summary
The petitioner, Ashutosh Kumar, sought anticipatory bail fearing arrest in a case under Sections 338, 336(3), 318(4) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the recovery of liquor from a vehicle did not involve his possession or ownership and that his implication rested solely on a confessional statement of another person made in police custody. The petitioner argued that such a statement lacked evidentiary value and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in the present circumstances.
- Whether a confessional statement of a third person made in police custody can form a basis for implicating the petitioner.
- Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Narcotic Substances Act — s. 318(4), 336(3), 338
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- confessional statement
- excise law
- bail conditions
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39281 of 2026
Arising Out of PS. Case No.-518 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Ashutosh Kumar @ Goldi S/o Mahesh Prasad Resident of Village- Mohri
Tola Niche Bazar, P.S.- Rajasuli, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 338,
336(3), 318(4) of the BNS and Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 166.125 litres of liquor from a
Bolero vehicle. It is next submitted 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 vehicle
and he came to be implicated based on confessional statement of
Santosh in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.39281 of 2026(2) dt.29-06-2026
2/3
value. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either through chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
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.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 Muffasil P.S. Case No.518/2025, 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 more than
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
Patna High Court CR. MISC. No.39281 of 2026(2) dt.29-06-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.