Patna High Court

Akshay Kumar @ Akshay SharmaversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Akshay Kumar, feared arrest in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for alleged recovery of 1,128 litres of liquor from two vehicles. He contended that he was not caught in possession, was not the owner of the seized vehicles, and was implicated solely on a confessional statement made by Neeraj while in police custody, which he argued lacked evidentiary value. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If the petitioner is found to have more than four prior cases, the bail will not be confirmed; if exactly four, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
Whether a confessional statement made in police custody can form the sole basis for implicating the petitioner.
Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
confessional statement
police investigation
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90985 of 2025
                  Arising Out of PS. Case No.-159 Year-2025 Thana- GAUNAHA District- West Champaran
                 ======================================================
                 Akshay Kumar @ Akshay Sharma S/O Late Laxmi Sharma @ Gumti Sharma
                 R/O Village- Prakash Nagar, P.s.- Shikarpur, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raki Alam
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 Sections 30(a) and

                   41 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 1128 litres of liquor from two

                   vehicles. 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 based on confessional statement of

                   Neeraj in police custody which does not have any evidentiary

                   value. It is next submitted that once an accused is implicated in
Patna High Court CR. MISC. No.90985 of 2025(2) dt.12-01-2026
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          a case relating to excise, the police starts implicating

          mechanically        either     through       chowkidar,   local   person,

          confessional statement or secret information without holding a

          proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.20,000/- (Rupees twenty 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

          Gaunaha P.S. Case No.159/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          four cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.90985 of 2025(2) dt.12-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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