Patna High Court
Komal Kumar Singh @ Kamal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents.
Summary
Komal Kumar Singh sought anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, involving alleged recovery of 486 litres of liquor from three motorcycles. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, he does not own the seized vehicles, and the case is based solely on a confessional statement made by another person, Rohit, while in police custody. The State opposed the bail, contending that the allegations merit prosecution. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If the petitioner is found to have more than three prior excise cases, the bail will not be confirmed; if he has exactly three, the bail will be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail when the case rests primarily on a confessional statement of another person?
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45719 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Komal Kumar Singh @ Kamal Singh Son of Jitendra Singh Resident of
Village- Mohammadpur, ward no.3, P.S.- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 486 litres of liquor from three
motorcycles.
4. Learned counsel submits that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of any of the seized
vehicle and he came to be implicated based on confessional
statement of Rohit in police custody which does not have any
Patna High Court CR. MISC. No.45719 of 2026(2) dt.10-07-2026
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evidentiary value. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen 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 Excise P.S. Benipatti Case No.207 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
7. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases case, in that event, it would be presumed that
petitioner had concealed his antecedent before this court, as
Patna High Court CR. MISC. No.45719 of 2026(2) dt.10-07-2026
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such, the provisional anticipatory bail order shall not be
confirmed but if on verification it is found that petitioner has
antecedent of three cases, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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