Created by Fuzzy Cloud

Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 6.480 litres of liquor from a public market. He argued that he was not caught in possession, the alleged liquor was recovered from a place not belonging to him, and the case was based solely on a confessional statement of a co-accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not caught in possession.
  • Whether a confessional statement made by a co-accused in police custody can form the sole basis for arrest.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • possession
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44116 of 2026
                     Arising Out of PS. Case No.-357 Year-2026 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Deepak Kumar S/o Naresh Singh R/o Brahmpur, P.S.- Mokamah, at present
                 R/o Chitkohra Basti, P.S.- Gardanibag, Dist.- Patna
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Ms. Sucheta Yadav.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 6.480 liters of liquor from Chitkohra

                   market.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and came to be implicated

                   based on confessional statement of Vijay in police custody

                   which does not have any evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.44116 of 2026(2) dt.07-07-2026
                                                        2/2




                      anticipatory bail of the petitioner.

                                   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 Trial Court

                      within a period of six weeks from today, be released on

                      Provisional anticipatory bail on furnishing bail bonds of Rs.

                      5000/- (Rupees 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

                      Gardanibagh P.S. Case No. 357 of 2026 subject to the

                      conditions as laid down under Section 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 in the

                      event if it is found that petitioner has antecedent of more than one

                      case then it would be presumed that petitioner, for the purposes of

                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.


                                                        (Satyavrat Verma, J)
Rishabh/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.