Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bonds, sureties, and verification of the petitioners' antecedents, with confirmation contingent on the absence of concealed prior cases.
Summary
The petitioners, Golu Kumar and Putush Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 203.5 liters of liquor. The petitioners argued they had no direct possession of the liquor and were implicated solely on confessional statements of co‑accused taken in police custody, which they claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, subject to the petitioners furnishing bail bonds and two sureties each, and conditioned the confirmation of bail on verification of their criminal antecedents within six weeks. It further stipulated that if any petitioner is found to have concealed prior cases, the bail would not be confirmed for that individual.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether confessional statements made by co‑accused in police custody can form the basis for arrest of the petitioners.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statements
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44335 of 2026
Arising Out of PS. Case No.-183 Year-2026 Thana- NADI P.S. District- Patna
======================================================
1. Golu Kumar S/O Ram Eqbal Rai R/O Village- Jethuli, P.S.- Nadi, Distt.-
Patna.
2. Putush Kumar @ Akhilesh Kumar S/O Raghuvansh Ray R/O Village-
Jethuli, P.S.- Nadi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 203.500 liters of liquor from Nitish
and Ajeet and from a bag thrown by unknown accused.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.44335 of 2026(2) dt.07-07-2026
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was recovered from their conscious possession and they have no
concern or relation with Nitish and Ajeet and they came to be
implicated based on confessional statement of Nitish and Ajeet
in police custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Nadi P.S. Case No. 183 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 petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than one case and petitioner no. 2 has antecedent of even
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.44335 of 2026(2) dt.07-07-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed with respect to the
petitioner who had concealed his antecedent, but after
verification if it is found that petitioner no. 1 has antecedent of
one case only and petitioner no. 2 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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