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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of antecedents and compliance with conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Gautam Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 38(1) and 38(2) of the Bihar Excise Act relating to alleged recovery of liquor from another accused, Indrajeet. He argued that he was not caught in possession and that the case against him was based solely on Indrajeet's confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail may be cancelled; if only one prior case, the bail will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act where the only evidence is a confessional statement of another accused.
  • Whether the court can conditionally grant provisional anticipatory bail pending verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5250 of 2026
                         Arising Out of PS. Case No.-78 Year-2017 Thana- AIRPORT District- Patna
                 ======================================================
                 Gautam Kumar S/o Ramprit Sharma Resident of Rashtriya Ganj, PS -
                 Phulwari, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akhauri Kamal Kishore Sahay
                 For the Opposite Party/s :        Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               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(a),

                   38(1) and 38(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 750 ml of liquor from the possession

                   of Indrajeet.

                             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 he came to be

                   implicated based on confessional statement of Indrajeet in

                   police custody which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.5250 of 2026(2) dt.02-02-2026
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          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of 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 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. 5,000/- (Rupees

          Five 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 Hawai Adda P.S. Case

          No. 78 of 2017 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 more than 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
              Patna High Court CR. MISC. No.5250 of 2026(2) dt.02-02-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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