Patna High Court
Sujeet Kumar @ Sujeet Kumar Singh @ BrajeshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted subject to bail bond and sureties, with subsequent verification of antecedent, under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Sujeet Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 5.94 litres of liquor near a middle school. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public place, with the investigation based solely on secret information. The State opposed the bail, contending that the allegations warranted detention. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties, subject to verification of the petitioner’s criminal antecedent. The Court directed that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of seizure from the petitioner’s possession and reliance on secret information justify granting bail.
- Whether the petitioner’s prior criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30(a)
- police investigation
- bail conditions
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13397 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- KARTAHA District- Vaishali
======================================================
Sujeet Kumar @ Sujeet Kumar Singh @ Brajesh S/o Ravindra Singh R/o
Village - Thegadih, P.S - Kartahan, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar Singh, Adv
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 5.94 litres of liquor from a place
near a middle school.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is further submitted that he
Patna High Court CR. MISC. No.13397 of 2026(2) dt.10-03-2026
2/3
came to be implicated based on secret information which is the
easiest way to implicate someone. It is further 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 Kartahan P.S. Case
No. 5 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 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
Patna High Court CR. MISC. No.13397 of 2026(2) dt.10-03-2026
3/3
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 in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.