Patna High Court
Aman KumarversusThe 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
Aman Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act, alleging that he was not arrested and had no conscious possession of the seized liquor and money. The petitioner has three prior criminal cases, two of which are also under the Excise Act, and the prosecution’s case relies on a confessional statement of another individual, Bablu Kumar, which the petitioner’s counsel argued lacks evidentiary value. The State opposed the bail, citing the petitioner’s antecedent record. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties of the same amount, subject to verification of his criminal antecedent. The order also stipulated that if more than three prior cases are found, the bail would not be confirmed, but if only three are verified, the provisional bail would be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC when the accused has multiple prior criminal cases?
- Does a confessional statement made by a co-accused in police custody constitute sufficient evidence to deny anticipatory bail?
- Should the lack of conscious possession and non-arrest of the petitioner affect the grant of anticipatory bail?
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42718 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- NOKHA District- Rohtas
======================================================
Aman Kumar S/o- Vijay Prasad Saundik @ Vijay Prasad Resident of Village-
Nokha, Ward No.11 P.S- Nokha, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which two
cases are under the Excise Act and allegation is of recovery of
1.66 litres of liquor from possession of Bablu Kumar along with
Rs.2,370/-.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from Bablu with whom petitioner has no concern or
Patna High Court CR. MISC. No.42718 of 2026(2) dt.02-07-2026
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relation, but then he came to be implicated based on
confessional statement of Bablu in police custody which does
not have any evidentiary value. It is next submitted that police
in majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Nokha P. S. Case No.208 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.42718 of 2026(2) dt.02-07-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
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 petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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