Patna High Court
Kamlesh Kumar Yadav @ Kamlesh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the petitioner is not in custody, no liquor was recovered from his possession, and the confessional statement lacks evidentiary value, subject to verification of his criminal antecedents.
Summary
Kamlesh Kumar Yadav applied for anticipatory bail in a case under Section 30(a) of the Excise Act, alleging that 75 litres of liquor were recovered from an orchard that does not belong to him and that he was not arrested at the spot. The petitioner has two prior cases under the Excise Act and the prosecution’s case relies on a confessional statement made by Appu Kumar while in police custody, which the petitioner argues lacks evidentiary value. The State opposed the bail, contending the seriousness of the offence and the petitioner’s criminal antecedent. The Court noted that no material was recovered from the petitioner’s possession and that the confessional statement is not reliable for bail purposes, but conditioned the grant on verification of the petitioner’s antecedents. Accordingly, the Court granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the Cr.P.C., with the proviso that the bail may be withdrawn if more than two prior cases are found.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case punishable under Section 30(a) of the Excise Act
- Whether a confessional statement made in police custody has evidentiary value for the purpose of granting bail
- How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- confessional statement
- criminal antecedent
- Section 438
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9996 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Kamlesh Kumar Yadav @ Kamlesh Singh S/o Yamuna Yadav Resident of
Village- Kannchanpur, PS- Karakat (Godari), Distt. - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamla Kant Pandey
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 75 litres of liquor from an
orchard.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from an orchard, which does not belong to the
petitioner and he came to be implicated based on confessional
Patna High Court CR. MISC. No.9996 of 2026(2) dt.23-02-2026
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statement of Appu Kumar in police custody, which does not
have any evidentiary value. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Excise Case No.1914 of 2025, Bikramganj P. S. Case
No.297 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.9996 of 2026(2) dt.23-02-2026
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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 two cases,
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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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