Patna High Court
Biru Kumar @ Biru Yadav @ Akhilesh Rai @ Akhilesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application provisionally, subject to bail bonds and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Biru Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged 13.8 litres of liquor was recovered from a public place and not from his possession, and that the only evidence was a confessional statement made in police custody. The petitioner argued that the police mechanically implicated him without proper investigation. The State opposed the anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioner furnishing bail bonds of Rs.35,000 with two sureties and subject to verification of his criminal antecedents. The court stipulated that if the petitioner is found to have more than seven prior cases, the bail would be revoked; otherwise, the provisional order would be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in an excise case where the alleged contraband was not recovered from the accused's possession and the sole evidence is a confessional statement made in police custody.
- Whether the petitioner’s criminal antecedent of up to seven prior cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62736 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- MORO District- Darbhanga
======================================================
Biru Kumar @ Biru Yadav @ Akhilesh Rai @ Akhilesh Ray S/o Late
Jugeshwar Rai Resident of Village- Daghraul, P.S.- Bishanpur, Dist-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, 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 Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases, as would manifest from
supplementary affidavit, and allegation is of recovery of 13.8
litres of liquor from a bush. It is next submitted that petitioner
was not arrested from the spot, as such, nothing was recovered
from his conscious possession and even 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 based
Patna High Court CR. MISC. No.62736 of 2025(3) dt.06-01-2026
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on confessional statement of Gulshan in police custody which
does not have any evidentiary value. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically without holding a proper
investigation.
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.35,000/- (Rupees Thirty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II, (Excise Act), Darbhanga in
connection with Moro P.S. Case No.57 of 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
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than seven cases,
Patna High Court CR. MISC. No.62736 of 2025(3) dt.06-01-2026
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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 has antecedents of only seven cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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