Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to surrender, bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Prince Kumar, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 60 litres of liquor from a motorcycle. He argued that he had no prior criminal record, the liquor was not found in his possession, and the case was based solely on a confessional statement made by another individual in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 500 with two sureties, and that the trial court later verifies his clean antecedent. The order further stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made by a co-accused in police custody is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s alleged clean antecedent warrants provisional anticipatory bail subject to verification.
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7050 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- DARIGAON District- Rohtas
======================================================
Prince Kumar S/O Balister Paswan @ Bairishtar Paswan R/O Village -
Dhankadha, P.S - Dhawdarh, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and came to be implicated based on
confessional statement of Ankur in police custody which does not
have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.7050 of 2026(2) dt.19-02-2026
2/2
anticipatory bail of the petitioner.
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 Trial Court 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 Darigaon P.S. Case
No. 236 of 2025 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Rishabh/-
U T
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