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Patna High Court

Vikram KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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  • Whether the anticipatory bail application for the second petitioner, who was arrested during pendency, can be withdrawn.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

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
             Patna High Court CR. MISC. No.68015 of 2025(3) dt.07-01-2026
                                                         3/3




                       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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