Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedent.
Summary
Petitioner Sujeet Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case involving alleged offences under Sections 30(a), 38(1) and 41(1) of the Excise Act, where 4,462.905 litres of liquor were reportedly recovered from a truck. He argued that he was not in possession of the seized liquor, was not the owner of the truck, and was implicated solely on secret information, contending that such methods often lead to wrongful arrests. The State opposed the bail, citing the petitioner’s antecedent of five prior Excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than five prior cases, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s antecedent of five prior Excise cases.
- Whether the lack of possession or ownership of the seized liquor and reliance on secret information affect the grant of anticipatory bail.
- What conditions under Section 438(2) of the Cr.P.C. must be imposed in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 38(1), 41(1)
Subjects
- anticipatory bail
- Excise Act
- Section 438
- criminal antecedent
- bail bond
- secret information
- possession
- trial court verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12754 of 2026
Arising Out of PS. Case No.-491 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Sujeet Kumar S/O Durganand Yadav R/O Village- Inarwa, P.S- Phulparas,
Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archna Aanand
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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
Sections 30(a), 38(1) and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases under the Excise Act
and allegation is of recovery of 4462.905 litres of liquor from a
truck.
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 is not the owner of
the seized truck and he came to be implicated based on secret
information, which is the easiest way to implicate someone. It is
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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 a proper investigation. It is also
submitted that petitioner in similar manner also came to be
implicated in cases relating to excise.
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.25,000/- (Rupees Twenty 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 Phulparas P. S. Case No.491 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
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than five 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 five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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