Patna High Court
Rajiv Kumar @ BhutiaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Petitioner Rajiv Kumar sought anticipatory bail after the police registered a case under Sections 30(a) and 30(iii) of the Bihar Prohibition and Excise (Amendment) Act, 2018 alleging he was involved in the recovery of 90 litres of liquor from a motorcycle. The petitioner argued that he was not in possession of the seized vehicle, was not arrested at the spot, and that the case was based solely on confessional statements of co‑accused taken in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedent. The order is subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances (B.N.S.S.) Act, and may be revoked if more than two prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the confessional statements of co‑accused, taken in police custody, can be the sole basis for invoking anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 30(iii)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40544 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- Kavaiya District- Lakhisarai
======================================================
Rajiv Kumar @ Bhutia Son of Ramanuj Prasad Resident of Village- Kabaiya
Road Bayayamshala Ward No. 25 P.S. - Kabaiya, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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
30(iii) of the Bihar Prohibition and Excise (Amendment) Act,
2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 90 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Shivam
Kumar and Nitish Kumar in police custody which does not have
Patna High Court CR. MISC. No.40544 of 2026(2) dt.23-06-2026
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any evidentiary value in the eye of law. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let 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.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 Kabaiya P.S.
Case No. 140 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than two
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.40544 of 2026(2) dt.23-06-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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