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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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 If more than five prior cases are found, the bail may be withdrawn; if only five are confirmed, the bail will be confirmed.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

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
               Patna High Court CR. MISC. No.65226 of 2025(3) dt.07-01-2026
                                                           3/3




                         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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