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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 36 of the Bihar Excise Act involving alleged recovery of 1,364.250 litres of liquor from a truck. He argued that he was not caught in possession, was not the vehicle owner, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.20,000 bond, two sureties, and a condition that the trial court verify his criminal antecedent. If more than four prior excise cases are found, the bail will not be confirmed; if only four, the provisional order will be confirmed. The petitioner was also directed to deposit Rs.5,000 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offences under the Bihar Excise Act.
  • Whether a confessional statement of another accused, without the petitioner’s possession of the seized liquor, provides sufficient basis to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • bail bond
  • criminal antecedent
  • Section 30
  • Section 36
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3971 of 2026
                      Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Deepak Kumar son of Budhan Singh Resident of village- Arniya PS- Jandaha
                 Distt- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  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

                   36 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the excise act and

                   allegation is of recovery of 1364.250 liters of liquor from a

                   truck.

                                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 is not the

                   owner of the seized vehicle and came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.3971 of 2026(2) dt.29-01-2026
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          custody which does not have any evidentiary value. It is also

          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.

          20,000/- (Rupees Twenty 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

          Jandaha P.S. Case No. 524 of 2025 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 four cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.3971 of 2026(2) dt.29-01-2026
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                      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 four

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5,000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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