Patna High Court
Subodh kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his antecedent.
Summary
Subodh Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 32.58 litres of liquor recovered from the house of his mother, Meena Devi. The petitioner argued that he was not arrested at the scene, no liquor was found in his conscious possession, and the house is a joint family property, making it uncertain that the liquor belonged to him. He also contended that the only evidence against him was a confessional statement made by his mother while in police custody, which he claimed lacks evidentiary value. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Substance (BNSS) Act, pending verification of his criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
- Whether the confessional statement of the mother obtained in police custody is admissible as evidence.
- Whether the joint family nature of the property affects the attribution of possession of the liquor.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- joint family property
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12590 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
Subodh kumar Son of Devlal Mahato R/o Village - Chadhua, P.S. - Turki,
Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 32.580 litres of liquor from the house of Meena
Devi.
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 the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
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had kept the liquor in the house or the liquor kept in the house
was within his knowledge. It is next submitted that petitioner
came to be implicated based on the confessional statement of his
mother, namely, Meena Devi in police custody which does not
have any evidentiary value in the eye of law. It is also submitted
that no mother would implicate her own son but then under
police pressure she was made to disclose the name of the
petitioner, when petitioner admittedly is a person with clean
antecedent.
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Turki P.S. Case No. 303 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
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court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even 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 shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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