Patna High Court
Bela @ Vikas Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond and verification of his criminal antecedent.
Summary
The petitioner, Vikas Kumar, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 35 litres of liquor recovered from a jute sack near a canal. He argued that the liquor was not found in his conscious possession, the location did not belong to him, and the only evidence was a confessional statement of an accused made while in police custody, which he claimed lacked evidentiary value. The State opposed the anticipatory bail application. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order also required the trial court to verify the petitioner’s criminal antecedent, with the bail to be cancelled if any prior case is found. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether a confessional statement made by an accused in police custody can be the sole basis for arrest
- Whether the alleged recovery of liquor without the petitioner’s possession justifies denial of bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- confessional statement
- Section 482(2)
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85676 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- DALMIYA NAGAR SAHAYAK
District- Rohtas
======================================================
Bela @ Vikas Kumar @ Vikash Kumar S/O Pantu Baitha Resident of Village-
Gangauli, Police Station- Dalmia Nagar, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 35 litres of liquor from a jute sack near a canal. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to villagers at large and he came
to be implicated based on confessional statement of
Patna High Court CR. MISC. No.85676 of 2025(3) dt.22-01-2026
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apprehended accused in police custody which does not have any
evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge (Excise) Court No.1, Rohtas at Sasaram in connection
with Dalmia Nagar P.S. Case No.220 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.85676 of 2025(3) dt.22-01-2026
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not be confirmed, but if on verification, 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)
Sanjay/-
U T
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