Patna High Court
Akhilesh Kumar Singh @ AkhileshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
The petitioner, Akhilesh Kumar Singh, sought anticipatory bail fearing arrest in a case involving numerous offences under the Bihar Penal Code and the Bihar Excise Act, including alleged recovery of 652.875 litres of liquor. He argued that he was not caught in possession, did not own the seized vehicles, and was implicated solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court considered the petitioner's claim of having only two prior cases and the lack of direct evidence against him. It granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences and the evidentiary basis of the case
- Whether the confessional statement of a co-accused made in police custody can be the sole basis for arrest
- Whether the petitioner’s criminal antecedent (more than two prior cases) affects the grant of anticipatory bail
Subjects
- anticipatory bail
- confessional statement
- excise offence
- liquor seizure
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.770 of 2026
Arising Out of PS. Case No.-72 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Akhilesh Kumar Singh @ Akhilesh S/O Ram Kishun Singh R/O Vill-
Sukki,P.S-Khajauli, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 191(2),
191(3), 190, 126(2), 121(1), 132, 324(4), 317(3), 317(5),
318(4), 338, 336(3), 340(2) and 111 of BNS and Sections 30(a),
45, 47 and 52 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 652.875
litres of liquor from two pickup van.
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
Patna High Court CR. MISC. No.770 of 2026(2) dt.15-01-2026
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any of the seized vehicles and he came to be implicated based
on confessional statement of Chandrajeet 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. 10,000/- (Rupees
Ten 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 Manigachhi 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 two
cases then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.770 of 2026(2) dt.15-01-2026
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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 two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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