Patna High Court
Sumant Patel @ Doma @ Sugandh PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted as the petitioner’s name was mentioned only in a co‑accused’s confession and no incriminating evidence was found in his possession.
Summary
The petitioner, Sumant Patel, was implicated in an excise case involving the seizure of 72 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The prosecution alleged that 9 litres were recovered from co‑accused Guddu Paswan, whose confession named the petitioner, while the remaining 63 litres were found hidden in bushes. No incriminating liquor or evidence was discovered in the petitioner’s direct possession, although he has a prior criminal antecedent for which he is out on bail. The petitioner applied for anticipatory bail, which the State opposed. The court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., emphasizing the lack of direct material against the petitioner.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on a co‑accused’s confession and no material is recovered from the petitioner.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for anticipatory bail.
Legislation cited
- Bihar Negotiable and Special Sessions Act (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Section 482(2)
- co‑accused confession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22820 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Sumant Patel @ Doma @ Sugandh Patel S/o Santosh Patel R/o Khareya
Rampur, PS- Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Adv.
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Gopalganj (Excise) P.S. Case No. 860 of 2025 dated
25.12.2025 registered for the offence punishable under Section/s
30(a) of the Bihar Prohibition and Excise Amendment Act,
2018.
3. As per the prosecution case, the police has recovered
total 72.00 liter of illicit country-made liquor from the spot.
4. Learned counsel for the petitioner submits that
recovery of 9 liters of liquor is alleged to have been made from
the possession of Guddu Paswan, on whose confession the name
of the present petitioner is said to have transpired in the present
case, while 63 liters of illicit country-made liquor is alleged to
Patna High Court CR. MISC. No.22820 of 2026(3) dt.06-05-2026
2/3
have been recovered from the bushes where seven cartons were
allegedly hidden. It is further submitted that the petitioner has
one criminal antecedent in which he is on bail.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that the name of the petitioner has
transpired in the present case on the basis of the disclosure made
by the apprehended co-accused, and that nothing incriminating
has been recovered from the conscious possession of the
petitioner, let the petitioner, named above, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge-IV -cum-
Exclusive Special Excise Court No.II, Gopalganj in connection
with Excise P.S. Case No. 860 of 2025, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
Patna High Court CR. MISC. No.22820 of 2026(3) dt.06-05-2026
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official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(Ajit Kumar, J)
rishi/-
U T
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