Patna High Court

Rajesh KumarversusThe State of Bihar

Decided: 14 July 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to bond, sureties and verification of the petitioner's antecedent, with confirmation contingent on a clean record.

Summary

Petitioner Rajesh Kumar sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 18 litres of liquor from a motorcycle. He argued he had a clean antecedent, was not the owner of the vehicle, and that the only evidence against him was a confessional statement made by co‑accused Vinod while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent. If any prior case is found, the provisional bail will not be confirmed; if his antecedent is clean, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act
Whether a confessional statement of a co‑accused made in police custody can be a basis to deny anticipatory bail
Whether lack of ownership or possession of the seized vehicle affects the grant of anticipatory bail

Legislation cited

Bihar Excise Act — s. 30(a)
Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
confessional statement
bail conditions
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46408 of 2026
                 Arising Out of PS. Case No.-114 Year-2026 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
                 Rajesh Kumar Son of Shivpujan Bind Resident of Village - Dumaria
                 (Dumariya), P.S. - Chainpur, District - Kaimur at Bhabua.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parwej Khan
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-07-2026               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 Section 30(a) 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 18 litres of liquor from a motorcycle.

                             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 Vinod in police custody which does

                   not have any evidentiary value.

                             5.    Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.46408 of 2026(2) dt.14-07-2026
                                                          2/2




                        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 Chainpur P.S. Case No. 114 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 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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