Patna High Court
Sunny Kumar @ Mithlesh KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with bail conditions.
Summary
The petitioner, Sunny Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 58.25 litres of liquor from an under‑construction house belonging to his father. He argued that no liquor was found in his possession, the premises were vacant, and the primary evidence was a confessional statement made by his father while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is confirmed, the bail would be affirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence and his criminal antecedent.
- Whether the confessional statement of the petitioner’s father, made in police custody, can be relied upon as evidence.
- Whether the absence of liquor in the petitioner’s possession and the vacant status of the premises affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27206 of 2026
Arising Out of PS. Case No.-308 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Sunny Kumar @ Mithlesh Kumar S/O Ashok Ram R/O Vill.- Anand Ramna,
P.S- Civil Lines, Dist.- Gaya Jee
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Ranjan
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 58.25 litres of liquor from an under construction
house of Ashok. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and the house is under construction as
such no one stayed in the house. It is next submitted that no
prudent person would use his own premises for committing an
occurrence and thus would create evidence against himself and
Patna High Court CR. MISC. No.27206 of 2026(2) dt.23-04-2026
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hence would get implicated. It is also submitted that petitioner
came to be implicated based on confessional statement of his
father Ashok in police custody which does not have any
evidentiary value. It is also submitted that since petitioner has
one antecedent hence police got him implicated through his
father.
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.5000/- (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 Sadar Excise P.S. Case No.308/2026, 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
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.27206 of 2026(2) dt.23-04-2026
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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 one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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