Patna High Court

Ajay KumarversusThe State Of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Ajay Kumar, applied for anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 187.8 litres of liquor from a motorcycle near Keshav Market. He argued that he has a clean antecedent, was not in possession of the seized vehicle, and the case is based solely on a confessional statement made by Avi Kumar in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the B.N.S.S. The court held that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the confessional statement of Avi Kumar made in police custody is admissible as evidence.
Whether the petitioner’s criminal antecedent, if any, affects the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
confessional statement
clean antecedent
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.427 of 2026
                      Arising Out of PS. Case No.-517 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Ajay Kumar S/O Babudhn Ram @ Bahudhan Ram R/o Keshaw Market,
                 Bhuiya Tola, P.S.- Barun, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

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

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 187.8 litres of liquor from a motorcycle and from a

                   place near Keshav Market. 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 came to be implicated based on confessional

                   statement of Avi Kumar in police custody, which does not have

                   any evidentiary value.
Patna High Court CR. MISC. No.427 of 2026(2) dt.15-01-2026
                                            2/3




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

          application.

                       5. 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 Court below

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

          provisional anticipatory bail on his furnishing bail-bond in the

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

          like amount each to the satisfaction of learned District and

          Additional Sessions Judge-cum-Exclusive Special Judge, Excise

          Court No.I, Aurangabad in connection with Barun P.S. Case

          No.517 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

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

          accepting the provisional bail bonds of the petitioner shall verify

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

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his 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
               Patna High Court CR. MISC. No.427 of 2026(2) dt.15-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T

Continue reading with your account

Checking your session…