Patna High Court
Ajeet Kumar @ Ghughan @ Sanjeev KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Ajeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 80 litres of liquor from a forest area near a river. He asserted a clean antecedent, no possession of the liquor, and that the allegation was based solely on a confessional statement made by Soma while in police custody, which the court found lacking evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order also required the petitioner to deposit a further amount with the Advocates’ Association within two weeks. The provisional bail will be confirmed if the petitioner is found to have a clean antecedent, otherwise it will not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of Soma recorded in police custody can form the basis for arrest.
- Whether the petitioner’s alleged lack of possession and clean antecedent justify bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- confessional statement
- clean antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5904 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- PARANDABAR District- Nawada
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Ajeet Kumar @ Ghughan @ Sanjeev Kumar Son of Rajkumar Yadav @ Raj
Kumar Resident of village- Kodiya Ps- Gurpa, Dist- Gajaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 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 80 litres of liquor from a place near bank of a river
in a forest.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.5904 of 2026(2) dt.03-02-2026
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based on confessional statement of Soma 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 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.
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
Parnadabar P.S. Case No. 287 of 2025, 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.
Patna High Court CR. MISC. No.5904 of 2026(2) dt.03-02-2026
3/3
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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