Patna High Court
Uday Shankar Kuwar @ SonuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Uday Shankar Kuwar, sought anticipatory bail fearing arrest in a case involving alleged illegal possession of liquor under Sections 292 and 111 of the BNS and Sections 30(a), 32, 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he has a clean criminal record, was not the owner of the vehicles from which liquor was seized, and that the only incriminating evidence was a confessional statement of another detainee, which he argued lacks evidentiary value. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioner’s antecedent within six weeks. If any prior case is discovered, the bail may be revoked; otherwise, it will be confirmed. The petitioner also agreed to deposit a further amount with the Patna High Court Advocate Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences and the nature of the evidence.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- anticipatory bail
- liquor seizure
- clean antecedent
- confessional statement
- bail conditions
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2454 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- PHULWARIA District- Begusarai
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Uday Shankar Kuwar @ Sonu S/O Ram Kumar Kuwar R/O Village- Bihar
Colony, Cash, P.S- Chas, Distt.- Bokaro (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 Sections 292 and
111 of the BNS as well as Sections 30(a), 32, 41(i)(ii) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 36 litres of liquor from a Scorpio and 756 litres of
liquor from a pick-up.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.2454 of 2026(2) dt.27-01-2026
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Dharmendra Kumar Singh in police custody which does not
have any evidentiary value in the eye of law, 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, let 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
Phulwariya P.S. Case No. 133 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.2454 of 2026(2) dt.27-01-2026
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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