Patna High Court
Devgaura Kumar @ Devgaura Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, subject to bail bonds, sureties, and verification of the petitioner’s antecedents.
Summary
The petitioner, Devgaura Kumar, sought anticipatory bail anticipating arrest in a case involving alleged recovery of 92 litres of liquor from a motorcycle, with charges under several sections of the Bihar Narcotic Substances Act and the Excise Act. He claimed a clean antecedent and argued that the prosecution’s case relied on a confessional statement made by another individual in police custody, which he contended lacked evidentiary value. The petition also highlighted a pleading error that incorrectly identified him as the owner of the seized motorcycle. The State opposed the anticipatory bail, but the court considered the petitioner’s clean record and the weak evidentiary basis. The court directed that provisional anticipatory bail be granted, subject to the petitioner furnishing bail bonds and two sureties, and conditioned on verification of his antecedents by the trial court. If any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. given the nature of the allegations and his claimed clean antecedent
- Whether the confessional statement of Dharmveer Kumar, made in police custody, can be relied upon as evidence
- Whether the pleading error regarding ownership of the seized motorcycle affects the merits of the bail application
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2), 317(2), 317(4), 336(3), 338, 3(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- confessional statement
- Excise Act
- motorcycle seizure
- bail bonds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44311 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- DESARI District- Vaishali
======================================================
Devgaura Kumar @ Devgaura Kumar Paswan S/o Manoj Paswan R/o -
Panapur Raghunath, Ward No. 11, P.S - Desari, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
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 303(2), 317(2), 317(4), 336(3), 338 and 3(5) of the
B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 92 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
inadvertently at Para-9, it has been pleaded that petitioner is the
owner of the seized motorcycle when he is not the owner of the
seized motorcycle and he came to be implicated based on
confessional statement of Dharmveer Kumar in police custody
Patna High Court CR. MISC. No.44311 of 2026(2) dt.07-07-2026
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which does not have any evidentiary value.
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.500/- (Rupees Five Hundred) 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
Desari (Sahdeai) P. S. Case No.32 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 even one case, 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
Patna High Court CR. MISC. No.44311 of 2026(2) dt.07-07-2026
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petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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