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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, and provisional bail is granted subject to conditions.

Summary

The petitioner, Ajit Kumar, was implicated in an excise case (Case No. 314/2025) for alleged recovery of 169.660 litres of liquor from a cowshed belonging to his brother. He contended that he had a clean antecedent, that no liquor was found in his possession, and that the only evidence was a confessional statement of Chandan Kumar made while in police custody, which he claimed lacked evidentiary value. The State opposed the grant of anticipatory bail. The Patna High Court, after hearing both sides, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. The order further provided that if any prior case is discovered, the bail would not be confirmed, otherwise the provisional bail would be confirmed forthwith. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 based on the facts presented.
  • Whether a confessional statement made by a co‑accused in police custody is sufficient ground to deny anticipatory bail.
  • Whether the court may impose conditions under Section 482(2) of the B.N.S.S. while granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise
  • liquor
  • Section 30
  • clean antecedent
  • confessional statement
  • Section 482
  • Bihar Prohibition and Excise Act
  • B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59795 of 2025
                      Arising Out of PS. Case No.-314 Year-2025 Thana- Excise P.S. District- Nalanda
                 ======================================================
                 Ajit Kumar S/o Late Rajesh Yadav R/o Village- Gadhpar, P.S.- Bihar, District-
                 Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bishwa Bijay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. Petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2016.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 169.660 litres of liquor from a cowshed. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and the

                   cowshed belongs to his brother and he came to be implicated

                   based on confessional statement of Chandan Kumar in police

                   custody which does not have any evidentiary value. It is also

                   submitted that cowshed is a place outside the house and thus, is
Patna High Court CR. MISC. No.59795 of 2025(3) dt.06-01-2026
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          accessible to villagers at large. It is further submitted that no

          prudent person would use his own premises for committing an

          occurrence and thus, would create evidence against himself and

          hence, would get implicated. It is next submitted that police in

          mechanical manner implicated the petitioner without holding a

          proper investigation when petitioner admittedly is a person with

          clean antecedent.

                         4. Learned A.P.P. opposes the anticipatory bail

          application.

                         5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Judge, Excise-IInd, Biharsharif, Nalanda in connection with

          Excise P.S. Case Nalanda No.314/2025, subject to the

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

                         6. The application stands allowed.

                         7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.59795 of 2025(3) dt.06-01-2026
                                                           3/3




                         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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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)

Sanjay/-

U          T


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