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Patna High Court

Ajit Kumar @ Ajeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioners, Ajit Kumar and Vijay Kumar Yadav, sought anticipatory bail after learning that they might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging the recovery of 72 litres of liquor from a motorcycle and a scooty. They contended that they have clean antecedents, that no liquor was found in their conscious possession, and that the second petitioner was implicated merely as the owner of the scooty, unaware of its misuse by a friend. The prosecution relied on a confessional statement of an arrested accomplice, which the petitioners argued lacks evidentiary value. The State opposed the bail, but the High Court, invoking its inherent powers under Section 482(2) of the CrPC, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, and verification of antecedents. The order further required the petitioners to deposit Rs.1,500 each with the Advocates’ Association and stipulated that the bail could be revoked if any prior case is discovered.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when the accused claim no possession of the contraband.
  • Whether a confessional statement of an arrested co‑accused can form the basis for denying anticipatory bail.
  • Whether ownership of a vehicle used in the alleged offence, without knowledge of its misuse, suffices to justify arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership
  • confessional statement
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4154 of 2026
                         Arising Out of PS. Case No.-133 Year-2025 Thana- NADI District- Supaul
                 ======================================================
           1.     Ajit Kumar @ Ajeet Kumar Son of Vijay Kumar Yadav @ VIjay Yadav
                  Resident of Village - Sarojabela, Navakatol, Ward No. 06, P.S.- Supaul,
                  District- Supaul.
           2.    Vijay Kumar Yadav @ Vijay Yadav Son of Siya Ram Yadav @ Siyaram
                 Yadav Resident of Village - Sarojabela, Navakatol, Ward No. 06, P.S.-
                 Supaul, District- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manish Kumar No 13, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 72 litres of liquor from a motorcycle and a Scooty. It

                   is next submitted that petitioners were not arrested from the

                   spot, as such, nothing was recovered from their conscious

                   possession and petitioner no.2 came to be implicated based on

                   the fact that he is owner of the seized Scooty. It is next
Patna High Court CR. MISC. No.4154 of 2026(2) dt.29-01-2026
                                            2/3




          submitted that no prudent person would use his own vehicle for

          committing an occurrence and thus, would create evidence

          against himself and hence, would get implicated. It is also

          submitted that petitioner no.2 was completely unaware that his

          friend Jitendra Yadav would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          Arun Sada and the name of petitioner no.1 transpired based on

          confessional statement of apprehended accused in police

          custody, which does not have any evidentiary value, since

          petitioner no.1 is son of petitioner no.2.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

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

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          P.O., Exclusive Special Excise Court-I, Supaul in connection

          with Supaul Nadi P.S. Case No.133 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.
               Patna High Court CR. MISC. No.4154 of 2026(2) dt.29-01-2026
                                                           3/3




                                      6. The application stands allowed.

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

                         accepting the provisional bail bond of the petitioners shall verify

                         the criminal antecedent of the petitioners and in the event, if it is

                         found that petitioners have antecedent of even one case, then it

                         would be presumed that petitioners for the purposes of obtaining

                         anticipatory bail had concealed their antecedent before this

                         Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioners are persons with clean antecedent, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

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

                         based on instruction, submits that petitioners undertake to

                         deposit an amount of Rs.1500/- each with Advocates’

                         Association, Patna High Court within a period of two weeks

                         from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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