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Patna High Court

Suman Kamati @ Mangla @ Shiv Nandan ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their antecedents.

Summary

The petitioners, Suman Kamati and Raj Kumari Devi, were implicated in a case alleging recovery of 27 litres of liquor from a motorcycle, invoking Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act. They sought anticipatory bail, arguing they have clean antecedents, that the vehicle owner was unaware of its misuse, and that the police confessional statement of a co‑accused lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. If any antecedent is found, the provisional order will not be confirmed; otherwise it will be confirmed forthwith. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act.
  • Whether the ownership of the seized vehicle implicates the petitioner.
  • Whether a confessional statement made by a co‑accused in police custody is admissible for bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • clean antecedent
  • provisional bail
  • Section 482
  • Bihar Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12152 of 2026
                       Arising Out of PS. Case No.-211 Year-2025 Thana- ARER District- Madhubani
                 ======================================================
           1.     Suman Kamati @ Mangla @ Shiv Nandan Chaudhary S/O Sri Shohit
                  Kamati R/O Village- Bijalpura, P.S- Arer, Dist.- Madhubani.
           2.    Raj Kumari Devi W/O Mahesh Kamat R/O Village- Bijalpura, P.S- Arer,
                 Dist.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Ranjan, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274, 275

                   and 3(5) of the BNS read with Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.

                   2 is a woman and allegation is of recovery of 27 liters of liquor

                   from a motorcycle.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.12152 of 2026(2) dt.26-02-2026
                                            2/3




          was recovered from their conscious possession and petitioner

          no. 2 came to be implicated based on the fact that he is owner of

          the seized vehicle. It is next submitted that no prudent person

          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner no. 2 was

          completely unaware that Anil would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot and

          petitioner no. 1 came to be implicated based on confessional

          statement of Anil in police custody which does not have any

          evidentiary value.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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 Arer P.S.

          Case No. 211 of 2025 subject to the conditions as laid down
            Patna High Court CR. MISC. No.12152 of 2026(2) dt.26-02-2026
                                                        3/3




                      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 petitioners and in the

                      event if it is found that any of the petitioners have antecedent of

                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed, but after verification if it is

                      found that petitioners are persons with clean antecedent in that

                      event the provisional anticipatory bail order shall be confirmed

                      forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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