Patna High Court
Suman Kamati @ Mangla @ Shiv Nandan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
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
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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
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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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