Patna High Court
Sunny Rai @ Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
Petitioners Sunny Rai and Md. Mazhar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Excise Act, alleging recovery of 367.92 litres of liquor from an ambulance. They argued that they were not arrested at the spot, had no possession of the seized vehicle, and that the case was based solely on a confessional statement of Md. Anish made in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If more than two prior excise cases are found, the bail may be withdrawn for the petitioner who concealed the antecedent; otherwise, the provisional order will be confirmed. The order also required the petitioners to deposit the bail amount with the Advocate Association of Patna High Court.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act based on a confessional statement of another person.
- Whether the absence of arrest at the spot and lack of possession affect the grant of anticipatory bail.
- Whether the petitioners' prior criminal antecedents should influence the anticipatory bail order.
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1799 of 2026
Arising Out of PS. Case No.-518 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
1. Sunny Rai @ Sunny Kumar S/O Pramod Rai R/O village - Harpur, Dhana, P.
S- Kathaiya , District - Muzaffarpur
2. Md. Mazhar Son of Mohd. Sarfuddin Resident of Vasudeva, Police Station
Tikhan Kaidhyaya, District.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases under the Excise Act
and allegation is of recovery of 367.920 litres of liquor from an
Ambulance.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not owners of
Patna High Court CR. MISC. No.1799 of 2026(2) dt.27-01-2026
2/3
the seized vehicle and they came to be implicated based on
confessional statement of Md. Anish in police custody which
does not have any evidentiary value. 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 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.
10,000/- (Rupees Ten Thousand) 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
Excise Sadar P.S. Case No. 518 of 2025, subject to the
conditions as laid down under Section 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 petitioners have antecedent of more than
Patna High Court CR. MISC. No.1799 of 2026(2) dt.27-01-2026
3/3
two cases 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 with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
two cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to deposit
an amount of Rs. 10,000/- with Advocate Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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