Patna High Court

Gautam KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Gautam Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 5.82 litres of liquor from other individuals. He argued that he was not caught in possession and that the case was based solely on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond, two sureties, and a six‑week window for surrender, subject to verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances described
Whether a confessional statement of an accused in custody can form the sole basis for implicating the petitioner
Whether the absence of possession at the time of arrest justifies anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
confessional statement
possession
Section 30(a)
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91810 of 2025
                  Arising Out of PS. Case No.-1432 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Gautam Kumar son of Sheopujan Prasad Resident of Village- Gandhinagar,
                 PS.- Town motihari District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Prasad
                 For the Opposite Party/s :        Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 5.82 litres of liquor from possession

                   of Aatma Prasad and Vikash Kumar Yadav.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on confessional statement of apprehended-

                   accused in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.91810 of 2025(2) dt.13-01-2026
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          value. It is further 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.

                   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, 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. 5,000/- (Rupees

          Five 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 Motihari Excise P.S.

          Case No. 1432 of 2025, subject to the conditions as laid down

          under Section 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 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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.91810 of 2025(2) dt.13-01-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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