Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent check.
Summary
The petitioner, Bhola Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor from the premises of others. He argued that he was not arrested at the scene, no liquor was found in his possession, and the case was based solely on a confessional statement made by Babloo Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest and denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7695 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran
======================================================
Bhola Kumar Son of Devaki Chaudhari Resident of Village- Gola Bazar
(Parweja Najhar), P.S.- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 103.63 litres of liquor from house of
Babloo Kumar and 78 litres of liquor from house of Vijay and
Satish.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.7695 of 2026(2) dt.23-02-2026
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and he came to be implicated based on confessional statement of
Babloo in police custody which does 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.
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.
5,000/- (Rupees Five 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 Sonepur
P.S. Case No. 10 of 2026, 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
Patna High Court CR. MISC. No.7695 of 2026(2) dt.23-02-2026
3/3
than 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 has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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