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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Vikash Kumar applied for anticipatory bail after a FIR was lodged alleging his involvement in the recovery of 2,142 litres of liquor from five vehicles, offences punishable under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner asserted that he has a clean antecedent, was not arrested at the scene, did not have the liquor in his conscious possession, and was not the owner of the seized vehicles; the only link to the case was a confessional statement made by another accused in police custody, which the petitioner argued lacks evidentiary value. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s antecedent by the trial court. The order further stipulated that any undisclosed prior case would lead to the revocation of the bail, while a clean record would result in immediate confirmation.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations and the nature of evidence.
  • Whether the confessional statement of another accused, made in police custody, can be the basis for denying anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • liquor seizure
  • clean antecedent
  • confessional statement
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91569 of 2025
                  Arising Out of PS. Case No.-104 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Vikash Kumar Son of Raghbendra Ray Resident of Village- Gosaipur
                 Tengrahan, Mal Toli, P.S.- Rampurhari, District- Muzaffarpur
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  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 Sections 274, 275 and 3(5) of the

                   BNS as well as Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2142 litres of liquor from five different vehicles as

                   detailed in the FIR.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of any of the seized vehicles and came to

                   be implicated based on the confessional statement of apprehended

                   accused in police custody which does not have any evidentiary value
           Patna High Court CR. MISC. No.91569 of 2025(2) dt.17-01-2026
                                                       2/2




                     in the eye of law.

                                  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, let 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.500/- (Rupees Five Hundred) 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 Rampurhari P.S. Case No. 104 of 2025, subject to the conditions

                     as laid down under Section 438(2) of the Cr.P.C./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 if it is found

                     that petitioner has antecedent of even one case, it would be presumed

                     that petitioner had concealed his antecedent before this Court at para

                     3 of the anticipatory bail application in that event the provisional

                     anticipatory bail order shall not be confirmed but if it is found on

                     verification that petitioner is a person with clean antecedent in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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