Patna High Court
Vinod Kumar @ Langra @ Langda @ LagdaversusThe 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.
Summary
Vinod Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from two other individuals, Shriniwas Kumar and Dipak Kumar, with no material found in Vinod's possession. The petitioner argued that his implication was based solely on confessional statements made by the other accused while in police custody, which he claimed lacked evidentiary value, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that Vinod furnish a bail bond of Rs. 40,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. The court stipulated that if the verification reveals more than eight prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the accused is not found in possession of the contraband and is implicated solely on confessional statements of co-accused.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- confessional statements
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90352 of 2025
Arising Out of PS. Case No.-659 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Vinod Kumar @ Langra @ Langda @ Lagda S/o Suryadev Singh @
Suryadev Yadav R/o vill - Gandhinagar, P.S.- Aurangabad Town, Distt.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of eight case out of which 6 cases are
under the Excise Act and allegation is of recovery of 180 ml of
liquor from possession of Shriniwas Kumar and 360 ml of
liquor from possession of Dipak Kumar.
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
Patna High Court CR. MISC. No.90352 of 2025(2) dt.08-01-2026
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recovery is from personal possession of Shriniwas and Dipak
and petitioner has no concern or relation with Shriniwas and
Dipak, but then he came to be implicated based on confessional
statement of Shriniwas and Dipak 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.
40,000/- (Rupees Forty 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
Aurangabad Town P.S. Case No. 659 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
Patna High Court CR. MISC. No.90352 of 2025(2) dt.08-01-2026
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event if it is found that petitioner has antecedent of more than
eight cases 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 eight cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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