Patna High Court
Bipin Kumar @ Bipin BihariversusThe 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.
Summary
The petitioner, Bipin Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor. He argued he had a clean antecedent, was not arrested at the scene, and the allegation was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The petitioner also undertook to deposit a further amount with the Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the confessional statement of another accused can form a basis for arrest in the absence of other evidence.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- confessional statement
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6002 of 2026
Arising Out of PS. Case No.-687 Year-2025 Thana- MANER District- Patna
======================================================
Bipin Kumar @ Bipin Bihari S/O Late Ramvir Rai @ Ramvir Singh Resident
of Village- Khaspur, P.S.- Maner, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoranjan Kumar
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
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 18 litres of liquor from a bush outside the shop of
Guddu and 1.29 litres of liquor from the possession of Suday
and Chotu.
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
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and he came to be implicated based on confessional statement of
apprehended-accused in police custody which does not have any
evidentiary value. It is reiterated and submitted that petitioner is
a person with clean antecedent.
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 Maner
P.S. Case No. 687 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
Patna High Court CR. MISC. No.6002 of 2026(2) dt.03-02-2026
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person with clean antecedent 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. 1,500/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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