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Patna High Court

Devgaura Kumar @ Devgaura Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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