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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of antecedent and compliance with 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 concerning alleged recovery of 200 litres of liquor from a public Bhagwati Asthan. He argued that the liquor was not in his possession, the alleged recovery site did not belong to him, and the case was based solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. It directed that if more than one prior case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement of another accused in police custody can form the basis for arrest and denial of bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.195 of 2026
                   Arising Out of PS. Case No.-725 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Sonu Kumar Son of Dinesh Pawan R/o Village - Jamalpur, P.S. - Hajipur,
                 Dist. - Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 has antecedent of one case and allegation is of recovery of

                   200 liters of liquor from a Bhagwati Asthan.

                                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 and is accessible

                   to public at large and he came to be implicated based on confessional

                   statement of apprehended accused in police custody which does not

                   have any evidentiary value.
            Patna High Court CR. MISC. No.195 of 2026(2) dt.15-01-2026
                                                        2/2




                                   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 Hajipur Sadar P.S. Case No. 725 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 more than one case then

                      it would be presumed that petitioner, for the 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 has antecedent of

                      one case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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