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Patna High Court

Sanjay Kumar @ Sanjay PrabhakarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted conditionally, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sanjay Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from other individuals and not from him. He argued that he was not caught in possession and that the case against him was based solely on confessional statements of other accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately. The decision rests on the provisions of Section 482(2) of the BNSS and the principles governing anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statements of other accused provide sufficient basis for arrest.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police investigation
  • Section 30
  • Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10227 of 2026
                     Arising Out of PS. Case No.-10 Year-2026 Thana- Chitragupta Nagar District- Patna
                 ======================================================
                 Sanjay Kumar @ Sanjay Prabhakar Son of Late Bhanu Lal Resident of
                 Mohalla- Ashok Raj Path, Durukhi Gali, Akhara, Near Hanuman Mandir,
                 P.S.- Pirbahore, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :         Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 4.2 liters of liquor from Suraj

                   Kumar, 4.5 liters of liquor from Chhotu and 10.1 liters of liquor

                   from Akash.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even he has
Patna High Court CR. MISC. No.10227 of 2026(3) dt.16-03-2026
                                            2/3




          no concern or relation with the apprehended accused and he

          came to be implicated based on confessional statement of

          apprehended accused in police custody which does not have any

          evidentiary value. It is also 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

          Chitragupta Nagar P.S. Case No. 10 of 2026 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
            Patna High Court CR. MISC. No.10227 of 2026(3) dt.16-03-2026
                                                        3/3




                      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 confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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