Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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