Patna High Court
Aakash Kumar @ Aakash Kumar Singh @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bonds, sureties and verification of criminal antecedents, with cancellation if antecedents are found contrary to the petitioners' claims.
Summary
The petitioners, Aakash Kumar and Bittu Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 206 litres of liquor from a vehicle. They argued that they were not arrested on the spot, no liquor was found in their possession, and the case was based solely on a confessional statement made by Chandan while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioners' criminal antecedents. It further held that if petitioner 1 is found to have any antecedent or petitioner 2 more than two antecedents, the bail would be cancelled for the respective petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the Bihar Excise Act offences.
- Whether a confessional statement made in police custody can justify arrest in the absence of seized liquor.
- Whether lack of immediate arrest and possession affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58853 of 2025
Arising Out of PS. Case No.-202 Year-2022 Thana- BAHADURGANJ District- Kishanganj
======================================================
1. Aakash Kumar @ Aakash Kumar Singh @ Vivek Kumar S/o Rajnarayan
Singh @ Raj Narayan R/o vill - Gamhariya (Bangra), P.O. - Kishunpur, P.S.-
Jalalpur, Dist.- Saran, Bihar
2. Bittu Singh @ Vishwajeet @ Vishvajeet Kumar Singh @ Bittu Kumar S/o
Vijay Singh @ Vikrama Singh R/o vill - Gamhariya ward no. 14, P.O. - G.S.
Bangra, P.S.- Jalalpur, Dist.- Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harsh Anuj
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of two cases and allegation is of recovery
of 206 litres of liquor from a car.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.58853 of 2025(3) dt.06-01-2026
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owners of the seized vehicles and they came to be implicated
based on confessional statement of Chandan in police custody
which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Bahadurganj P.S. Case No. 202 of 2022, subject to the
conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of even
one case and petitioner no. 2 has antecedent of more than two
cases then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
Patna High Court CR. MISC. No.58853 of 2025(3) dt.06-01-2026
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be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 is a person with clean antecedent and
petitioner no. 2 has antecedent of two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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