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Patna High Court

Lavkush @ Bablu Kumar @ Kush KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his criminal antecedent.

Summary

The petitioner, Lavkush, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022, alleging recovery of 50 litres of liquor from Mantu Kumar, with whom he has no relation. He argued that he was not arrested at the spot, no liquor was found in his possession, and the only link to him was a confessional statement by Mantu Kumar made in police custody, which he contended lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail, conditioning it on a Rs.10,000 bail bond with two sureties, verification of the petitioner’s criminal antecedent, and a deposit of Rs.2,500 with the Patna High Court Advocate Association. If the verification shows more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022.
  • Whether a confessional statement made by a co-accused in police custody can be used to implicate the petitioner.
  • Whether the petitioner’s antecedent of two prior cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • confessional statement
  • criminal antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4297 of 2026
                      Arising Out of PS. Case No.-167 Year-2025 Thana- INDRAPURI District- Rohtas
                 ======================================================
                 Lavkush @ Bablu Kumar @ Kush Kumar Son of Late Krishnakant Singh @
                 R.K. Singh, R/o Village - Patanawa, P.S. - Indrapuri, Dist. - Rohtas.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Singh, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018/2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 50 litres of liquor from possession of

                   Mantu Kumar.

                                4. 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 the alleged

                   recovery is from Mantu Kumar with whom petitioner has no

                   concern or relation. It is further submitted that petitioner came

                   to be implicated based on the confessional statement of Mantu
Patna High Court CR. MISC. No.4297 of 2026(2) dt.31-01-2026
                                            2/3




          Kumar in police custody which does not have any evidentiary

          value in the eye of law. It is next submitted that off late police

          have started mechanically implicating accused who have

          antecedent from before.

                       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, let 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.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 Indrapuri

          P.S. Case No. 167 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 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

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.4297 of 2026(2) dt.31-01-2026
                                                       3/3




                     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.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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