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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Petitioner Pawan Kumar feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 27 litres of liquor were recovered from a motorcycle. He argued he had no possession, was not the vehicle’s owner, and the case relied on a confessional statement of Gautam Kumar made while in police custody, which he contended lacked evidentiary value. The State opposed the anticipatory bail. The High Court, after considering the petitioner's clean antecedent and the weak evidentiary basis, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to verification of his criminal record under Section 482(2) of the CrPC. The order stipulated that if any antecedent is found, the bail may be cancelled, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances
  • Whether the confessional statement of a co‑accused made in police custody is admissible as evidence
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • confessional statement
  • bail bond
  • criminal antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90485 of 2025
                          Arising Out of PS. Case No.-50 Year-2025 Thana- Khesar District- Banka
                 ======================================================
                 Pawan Kumar son of Lal Muni Yadav R/o - Amhara Nimia, Ps- Belhar, Dist-
                 Banka

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Nivedita Nirvikar, Senior Advocate
                                                    Ms. Riya Raj, Advocate
                                                    Ms. Shashi Priya, Advocate
                                                    Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :         Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                   Heard Ms. Nivedita Nirvikar, learned Senior Counsel

                   assisted by Ms. Riya Raj 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 (Amendment) Act, 2018.

                                 3. Learned Senior Counsel for the petitioner submits

                   that petitioner is a person with clean antecedent and allegation is

                   of recovery of 27 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 he came to be implicated
Patna High Court CR. MISC. No.90485 of 2025(2) dt.08-01-2026
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          based on confessional statement of Gautam Kumar 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

          Senior 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 the learned Court of

          Special Judge Excise No.2, Banka in connection with Khesar

          P.S. Case No.50 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 bonds 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.90485 of 2025(2) dt.08-01-2026
                                                           3/3




                         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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