Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and verification of his criminal antecedent.
Summary
Vishal Kumar applied for anticipatory bail under Section 438 of the CrPC in connection with alleged offences under Sections 30(a) and 41 of the Excise Act, where 23.5 litres of liquor were allegedly recovered from a house not owned by him. The petitioner argued that he was not in possession of the liquor and that the case was based on a confessional statement made by another person, Prince, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s antecedent of five prior Excise cases. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.25,000 with two sureties and that the trial court verify his criminal antecedent. If more than five prior cases are found, the bail may be withdrawn; if only five are confirmed, the bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted despite alleged offences under the Excise Act and the petitioner’s prior criminal antecedent.
- Whether a confessional statement made in police custody can be the basis for denying anticipatory bail.
- Whether the recovery of liquor from a house not owned by the petitioner affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- confessional statement
- police custody
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65226 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- ROH District- Nawada
======================================================
Vishal Kumar S/o Karamvir Prasad Resident of Village- Roh, P.S.- Roh,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) and 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases under the Excise Act
and allegation is of recovery of 23.5 litres of liquor from house
of Mahendra Sao.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a house, which does not belong to the
petitioner and he has no connection or relation with Mahendra
Patna High Court CR. MISC. No.65226 of 2025(3) dt.07-01-2026
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and he came to be implicated based on confessional statement of
Prince 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 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.25,000/- (Rupees Twenty Five Thousand) 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 Roh P. S. Case No.244 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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
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found that petitioner has antecedent of more than five cases,
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 antecedent of five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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