Patna High Court
Rajat Kumar @ KaranversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Rajat Kumar, feared arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act read with Section 318(4) of the BNS, 2023, alleging that 243 litres of liquor were recovered from a motorcycle and a scooty. He asserted that he was not caught in possession, did not own the vehicles, and was implicated solely on a confessional statement made by Shila while in police custody, which he argued lacks evidentiary value. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's clean antecedent and the weak evidential basis, granted provisional anticipatory bail subject to a modest bond, two sureties and verification of his criminal record by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision rests on the principles of bail jurisprudence and the lack of direct possession or reliable confession.
Issues considered
- Whether anticipatory bail should be granted when the accused is not found in possession of the alleged contraband.
- Whether a confessional statement made in police custody, without corroboration, can justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail under Section 482(2) of the BNSS.
Legislation cited
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7471 of 2026
Arising Out of PS. Case No.-1116 Year-2025 Thana- DANAPUR District- Patna
======================================================
Rajat Kumar @ Karan S/O Sri Keshaw Rai R/O Vill.- Noorpur Chandmari,
P.S.- Shahpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Kishore, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, 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 Sections 30(a) and
41 of the Bihar Excise Act read with Section 318(4) of the BNS,
2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 243 liters of liquor from a motorcycle and a Scooty.
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 any of the seized vehicle and he came to be implicated
based on confessional statement of Shila in police custody
Patna High Court CR. MISC. No.7471 of 2026(2) dt.19-02-2026
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which does not have any evidentiary value. It is also submitted
that petitioner has no concern with Shila though she claims that
petitioner is her tenant when petitioner is not.
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.
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 Danapur
P.S. Case No. 1116 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
Patna High Court CR. MISC. No.7471 of 2026(2) dt.19-02-2026
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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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