Patna High Court
Sunil SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sunil Sah, sought anticipatory bail fearing arrest in a case under Sections 274, 275(3)(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed that the alleged recovery of 120 litres of spirit was from a location not belonging to him and that no contraband was found on his person. The prosecution’s case relied on a confessional statement made by Jambu Baitha while in police custody, which the petitioner argued lacked evidentiary value. The State opposed the bail, but the court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.50,000 and two sureties, and directed the trial court to verify his criminal antecedents. If more than ten prior cases are found, the bail will not be confirmed; if exactly ten, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Amendment Act.
- Whether a confessional statement recorded in police custody is admissible for the purpose of invoking anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275(3)(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise
- confessional statement
- police custody
- criminal antecedents
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19674 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- Raghunathpur District- East Champaran
======================================================
Sunil Sah S/o- Late Rajvanshi Sah Resident of village- Shankar @ Shankar
Saraiya, Rama singh babu tola, P.s.- Turkauliya, District- East Champaran
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offence punishable under Sections 274, 275,
3(5) of the BNS and Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 10 cases, out of which, 6 cases are
under the Excise Act and allegation is of recovery of 120 litres
of spirit from a bamboo orchard of Ratan Rao. It is next
submitted that petitioner was not arrested 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
Patna High Court CR. MISC. No.19674 of 2026(2) dt.26-03-2026
2/3
petitioner and he came to be implicated based on confessional
statement of Jambu Baitha in police custody which does not
have any evidentiary value. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is next submitted that
petitioner in similar manner earlier also came to be implicated in
cases relating to excise.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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 Raghunathpur P.S. Case No.373/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.19674 of 2026(2) dt.26-03-2026
3/3
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than 10
cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of 10
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.