Patna High Court
Lavkush @ Bablu Kumar @ Kush KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…