Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 61.200 litres of liquor from a ditch adjacent to his house. He asserted a clean criminal record and argued that the allegation was based solely on a confessional statement made by his brother, Pappu Kumar, while in police custody, which the petitioner contended lacked evidentiary value. The State opposed the bail, but the court noted the absence of any seized liquor in the petitioner’s possession and the questionable reliability of the brother’s statement. Consequently, the court granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas confirmation would follow if the petitioner’s clean record is verified.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the case?
- Does the confessional statement of the petitioner’s brother, made in police custody, constitute sufficient basis for arrest?
- Are the conditions imposed under Section 482(2) of the BNSS valid for provisional anticipatory bail?
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1685 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- HALAI District- Samastipur
======================================================
Sonu Kumar Son of Buddhinath Rai @ Budhinath Rao Resident of Village-
Chakjalal, Ward No. 08, Post- Bajitpur Kernail, P.S.- Halai, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 61.200liters of liquor from a ditch beside the house
of Pappu Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.1685 of 2026(2) dt.22-01-2026
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but then is adjacent to his house and he came to be implicated
based on confessional statement of his brother, Pappu, in police
custody which does not have any evidentiary value. It is also
submitted that police made Pappu confess 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, 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.
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 Halai P.S.
Case No. 187 of 2025 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 even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.1685 of 2026(2) dt.22-01-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person 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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