Patna High Court
Virendra Kumar @ Birendra Kumar @ Bhulawan@ Birendra RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Virendra Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 20 litres of liquor from a motorcycle. He contended that he was not arrested on the spot, had no possession of the liquor, was not the vehicle's owner, and the case relied solely on a confessional statement made by Sonu Kumar in police custody, which he argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offence. The Court examined the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a Rs.5,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement made in police custody can be the sole basis for implicating the accused.
- Whether the police investigation was sufficient to deny bail.
- Application of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- police investigation
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91928 of 2025
Arising Out of PS. Case No.-767 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Virendra Kumar @ Birendra Kumar @ Bhulawan @ Birendra Ray S/o-
Mangal Rai R/vill- Belka, P.S- Vaishali, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 litres of liquor from a motorcycle.
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 the seized vehicle and came to
the implicated based on the confessional statement of Sonu
Kumar in police custody which does not have any evidentiary
value in the eye of law. It is next submitted that once an accused
Patna High Court CR. MISC. No.91928 of 2025(2) dt.13-01-2026
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is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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.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 Vaishali
P.S. Case No. 767 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 more than 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
Patna High Court CR. MISC. No.91928 of 2025(2) dt.13-01-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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