Patna High Court
Arun Kumar Bhagat @ Arun Kumar KushwahaversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Arun Kumar Bhagat, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 276.48 litres of liquor from a Bolero pickup. He contended that he was not caught in possession, was not the vehicle’s owner, and was implicated solely on a confessional statement made by a co‑accused, Prakash, while in police custody, which he argued lacked evidentiary value. The petitioner also disclosed three prior excise cases and sought anticipatory bail, arguing that the investigation was mechanically driven without proper inquiry. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, directing the trial court to verify the petitioner’s criminal antecedent within six weeks, with confirmation of bail contingent on the verification outcome. The order emphasized that if more than three prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS.
- Whether a confessional statement made by a co‑accused in police custody can be the sole basis for implicating the petitioner.
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- confessional statement
- police custody
- criminal antecedent
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73495 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- ASANWA District- Siwan
======================================================
Arun Kumar Bhagat @ Arun Kumar Kushwaha S/O Vijay Bhagat Resident
Of Village- Pipra, P.s.- Asaon, Dist.- Siwan
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 16-03-2026 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 the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 276.480 litres of liquor from a
Bolero pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner
of the seized vehicle and he came to be implicated based on
confessional statement of Prakash in police custody which does
Patna High Court CR. MISC. No.73495 of 2025(4) dt.16-03-2026
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not have any evidentiary value. It is further submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that petitioner earlier also came to be implicated in a
similar manner in cases relating to Excise.
5. Learned A.P.P. for the State opposes the prayer for
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. 15,000/- (Rupees
Fifteen 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 Asaon P.S. Case No.
72 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 more than
three cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.73495 of 2025(4) dt.16-03-2026
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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 has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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