Patna High Court
Biru KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Biru Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 40 litres of liquor from a motorcycle. He contended that he was not in possession of the seized vehicle, was not arrested at the spot, and the case was based solely on confessional statements of Radhe Kumar and Manoj Kumar made in police custody, which he argued lack evidentiary value. The State opposed the bail, but the High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.30,000 with two sureties and conditions under Section 482(2) of the CrPC. The court directed the trial court to verify the petitioner’s criminal antecedents; if more than six prior cases are found, the bail would not be confirmed, otherwise it would be confirmed. The application was allowed, and the petitioner also undertook to deposit Rs.5,000 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the confessional statements of co-accused made in police custody constitute sufficient basis for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedents
- bail bond
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87922 of 2025
Arising Out of PS. Case No.-441 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Biru Kumar Son of Hoti Rai Resident of Village- Purvi Nandgola, P.S.
Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of six cases under the Excise Act and
allegation is of recovery of 40 litres of liquor from a motorcycle.
It is next submitted that 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 came
to be implicated based on confessional statement of Radhe
Kumar and Manoj Kumar in police custody, which does not
have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.87922 of 2025(3) dt.31-01-2026
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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.
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.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Special
Judge Excise, Patna City in connection with Malsalami P.S.
Case No.441 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 antecedents of more than six cases,
then it would be presumed that petitioner for the purposes of
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obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only six cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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