Patna High Court
Bachchalal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed anticipatory bail, subject to bail bonds, sureties, verification of antecedents and other conditions.
Summary
Petitioners Bachchalal Kumar and Chhotu Kumar applied for anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of 48 litres of liquor from a paddy field near a school. They argued that they were not arrested at the spot, no liquor was found in their possession, and the case was based solely on a confessional statement of another accused, which they claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.5,000 with two sureties, and that the trial court verify their criminal antecedents, revoking bail if the antecedents are more serious than represented. The order also required the petitioners to deposit Rs.2,500 with the Advocate Association within two weeks. The application was allowed subject to these conditions.
Issues considered
- Whether anticipatory bail can be granted in offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act.
- Whether a confessional statement of a co‑accused provides sufficient ground for arrest and denial of bail.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- confessional statement
- excise law
- liquor seizure
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6334 of 2026
Arising Out of PS. Case No.-530 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Bachchalal Kumar Son of Virendra Mahto @ Birendra Mahto R/o Village -
Britiya Likanathpur, P.S. - Turkauliya, Dist. - East Champaran, Motihari.
2. Chhotu Kumar Son of Birendra Mahto @ Virendra Mahto R/o Village -
Britiya Likanathpur, P.S. - Turkauliya, Dist. - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 is a person with clean antecedent and
petitioner no.2 has antecedent of one case under the Excise Act
and the allegation is of recovery of 48 litres of liquor from
paddy field near primary school.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.6334 of 2026(2) dt.04-02-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their 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 they came to be
implicated based on confessional statement of apprehended
accused in police custody, which does not have any evidentiary
value. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five 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 Turkauliya P. S. Case No.530 of 2025, subject
to the conditions laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.6334 of 2026(2) dt.04-02-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners 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 one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 no.1 is a person with clean antecedent nd
petitioner no.2 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioners based on instruction submits that
petitioners undertakes to deposit an amount of Rs.2500/- with
Advocate Association, Patna High Court, Patna within a period
of two weeks.
(Satyavrat Verma, J)
vikash/-
U T
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