Patna High Court
UMESH KUMAR @ NANHKIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s antecedent.
Summary
The petitioner, Umesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(d) and 33 of the Bihar Excise Act concerning the alleged recovery of 1,000 litres of spirit from a pickup vehicle. He argued that he has a clean antecedent, was not in possession of the seized vehicle, and that the case against him rests solely on a confessional statement made by another person in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending that the seriousness of the excise offences warranted denial of anticipatory relief. Justice Satyavrat Verma, after considering the submissions, ordered provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties and subject to verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed forthwith. The decision thus balances the petitioner’s claim of innocence with the court’s duty to ensure compliance with Section 482(2) of the BNSS regarding bail conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(d) and 33 of the Bihar Excise Act.
- Whether a confessional statement made in police custody, without corroboration, can justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent status influences the grant of anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Excise Act — s. 30(d), 33
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- clean antecedent
- Section 482(2)
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45784 of 2026
Arising Out of PS. Case No.-486 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
UMESH KUMAR @ NANHKI S/O Rajo Singh @ Raju Singh Resident of
Village- Fatehpurwala, Ward No.5, Police Station- Musri Gharari, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
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 offences punishable under Sections 30(d) and 33 of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 1000 litres of spirit from a pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized vehicle and he came to be implicated based on confessional
statement of Sanjay in police custody which does not have any
evidentiary value.
Patna High Court CR. MISC. No.45784 of 2026(2) dt.10-07-2026
2/2
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. 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 Jandaha P.S. Case
No. 486 of 2024, 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 even 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 is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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