Patna High Court
Vikash Kumar @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions and verification of antecedent cases.
Summary
Vikash Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, where 25.62 litres of liquor were allegedly recovered from a location behind Gaurav Kumar's house. The petitioner argued that no liquor was found in his possession and the case was based solely on a confessional statement made by Gaurav Kumar while in police custody, which he claimed lacked evidentiary value. He also highlighted that he had only one prior excise case, asserting that the police were mechanically implicating him without proper investigation. The High Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs.5,000 with two sureties, subject to Section 482(2) of the CrPC and verification of his criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 where the alleged evidence is a confessional statement and no possession is established.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91464 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Vikash Kumar @ Bittu Kumar S/o Upendar Sah @ Upendra Sah R/o - Puraini
Bazar, Ward No.12, P.S - Puraini, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel 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 Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 25.620 litres of liquor from a place
behind the house of Gaurav Kumar. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.91464 of 2025(2) dt.12-01-2026
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Gaurav Kumar in police custody which does not have any
evidentiary value. It is next 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge-VII-cum-Special Excise Judge-II,
Madhepura in connection with Udakishunganj Excise P.S. Case
No.78 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
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than 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 not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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