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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Vikash Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in a case alleging offences under Sections 30(a), 32(2) and 41(1) of the Excise Act involving the alleged recovery of 1,800 litres of liquor from a truck. The petitioner, who has eleven prior criminal cases (six under the Excise Act), argued that he was not arrested at the spot, had no possession of the liquor, and was implicated only through a confessional statement of a co‑accused, which he claimed lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.55,000 with two sureties and that the trial court verify his criminal antecedent. If the antecedent exceeds eleven cases, the bail may be revoked; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted despite the seriousness of the offences under the Excise Act and the petitioner’s prior criminal antecedent.
  • Whether a confessional statement of a co‑accused can be a basis to deny anticipatory bail.
  • Whether the petitioner’s lack of possession and non‑arrest at the scene affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • criminal antecedent
  • confessional statement
  • Section 438
  • bail bond
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43600 of 2026
                       Arising Out of PS. Case No.-226 Year-2026 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Vikash Kumar S/O Rambabu Ray R/O Village- Madhopur, P.S- Mahua, Dist.-
                 Vaishali. (wrongly mentioned as patepur in FIR and Imp. order)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anish Kumar
                 For the Opposite Party/s :        Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  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), 32(2) and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of eleven cases out of which six

                   cases are under the Excise Act and allegation is of recovery of

                   1800 litres of liquor from a truck.

                                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 is not the owner or

                   driver of the seized truck and he came to be implicated based on

                   confessional statement of Pawan Kumar in police custody which
Patna High Court CR. MISC. No.43600 of 2026(2) dt.07-07-2026
                                            2/3




          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. 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.55,000/- (Rupees Fifty Five 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 Patepur P. S. Case No.226 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

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

          found that petitioner has antecedent of more than eleven, then it
               Patna High Court CR. MISC. No.43600 of 2026(2) dt.07-07-2026
                                                           3/3




                         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 eleven cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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