Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Deepak Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 180 litres of a liquor-like substance. He was not arrested at the scene and no contraband was found in his possession; the allegation rests on a confessional statement made by an associate, Chotu, while in police custody. The petitioner, who has seven prior criminal cases (four under the Excise Act), sought anticipatory bail, arguing lack of direct evidence and procedural lapses. The State opposed the bail. The High Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a Rs.35,000 bond, two sureties, and verification of the petitioner’s criminal antecedent, with the bail to be confirmed only if the antecedent does not exceed seven cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of an accomplice in police custody provides sufficient basis to deny bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89288 of 2025
Arising Out of PS. Case No.-706 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
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Deepak Kumar S/o Umesh Paswan Resident of village - Jamalpur, P.S -
Hajipur Sadar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which four cases
are under the Excise Act and allegation is of recovery of 180
litres of liquid like substance having smell of liquor.
4. Learned counsel for the petitioner submits that
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.
It is further submitted that petitioner came to be implicated
based on the confessional statement of Chotu in police custody
Patna High Court CR. MISC. No.89288 of 2025(3) dt.22-01-2026
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which does not have any evidentiary value in the eye of law. It
is next submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically either
at the instance of the Chawkidar, local person, confessional
statement or secret information without holding a proper
investigation of the case.
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, let 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.35,000/- (Rupees Thirty-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
Hajipur Sadar P.S. Case No. 706 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./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 if
it is found that petitioner has antecedent of more than seven
Patna High Court CR. MISC. No.89288 of 2025(3) dt.22-01-2026
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cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only seven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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