Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the first petitioner subject to bond and sureties, and allowed the withdrawal of the anticipatory bail application for the second petitioner.
Summary
The petitioners, Vikram Kumar and Rajdeo Chaudhary, filed an anticipatory bail application in a case registered under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 170 litres of liquor. Rajdeo Chaudhary was arrested while the application was pending, and the petitioners sought to withdraw his anticipatory bail request, which the court permitted. Vikram Kumar, claiming a clean antecedent and that the allegation rests solely on a confessional statement of another accused taken in police custody, sought anticipatory bail. The State opposed the bail. The High Court granted provisional anticipatory bail to Vikram Kumar on a bond of Rs.500 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the CrPC, and ordered that the bail be confirmed only if he is found to have no prior cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(A) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the anticipatory bail application for the second petitioner, who was arrested during pendency, can be withdrawn.
- Whether a confessional statement made in police custody can be the basis to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(A)
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- confessional statement
- bail bond
- surety
- Section 482 CrPC
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68015 of 2025
Arising Out of PS. Case No.-302 Year-2025 Thana- GURUA District- Gaya
======================================================
1. Vikram Kumar Son of Rajdeo Chaudhary @ Rajdev Chaudhary Resident of
Village- Nser, P.S.- Gurua, District- Gaya.
2. Rajdeo Chaudhary @ Rajdev Chaudhary Son of Ramyad Chaudhary
Resident of Village- Nser, P.S.- Gurua, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners at the outset
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no.2, Rajdeo Chaudhary @ Rajdev
Chaudhary, who was arrested during pendency of the instant
anticipatory bail application.
3. Permission is accorded.
4. Petitioner No.1 apprehends his arrest in a case
registered for the offence punishable under Section 30(A) of
Bihar Prohibition and Excise Amendment Act, 2022.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.68015 of 2025(3) dt.07-01-2026
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petitioner no.1 is a person with clean antecedent and allegation
is of recovery of 170 litres of liquor from an auto and a
motorcycle. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of any of the seized vehicle and
he came to be implicated based on confessional statement of
Wilson in police custody which does not have any evidentiary
value.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.1 above-named, in
the event of his arrest or surrender before the learned Court
below 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 Gurua
P.S. Case No.302/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
8. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioner
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and in the event if it is found that petitioner has antecedent of
even one case, in that event, it would be presumed that
petitioner had concealed his antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
is a person with clean antecedent, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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