Patna High Court

Mahanth KumarversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

Mahanth Kumar, a resident of West Champaran, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering nine litres of liquor from a motorcycle. He argued that he had no conscious possession, was not the vehicle's owner, and that the only link to him was a confessional statement made by another accused, Birendra, while in police custody, which he claimed lacked evidentiary value. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any prior case is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether a confessional statement made by a co-accused in police custody can be the basis for arrest.
Whether the petitioner’s lack of ownership and conscious possession of the seized vehicle justifies granting anticipatory bail.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
confessional statement
possession
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58620 of 2025
                   Arising Out of PS. Case No.-68 Year-2025 Thana- Kumarbagh District- West Champaran
                 ======================================================
                 Mahanth Kumar S/o Subhash Chaudhary R/o Village- Karbolawa Tola, P.S.-
                 Kumarbagh, District- West Champaran
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Niraj Kumar Sharma
                 For the Opposite Party/s :        Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9 litres of liquor from a motorcycle. It is next

                   submitted that 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 Birendra in police custody

                   which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                5. Considering the submissions made by the learned
           Patna High Court CR. MISC. No.58620 of 2025(3) dt.06-01-2026
                                                       2/2




                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender before the learned Court below

                     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

                     Kumarbagh P.S. Case No.68/2025, subject to the conditions as

                     laid down under Section 482(2) of the B.N.S.S.

                                  6. 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 even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification 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)
amit/-
U      T

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