Patna High Court
Shivshankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court recalled the erroneous anticipatory bail order and granted regular bail to the petitioner on satisfactory bond.
Summary
The petitioner, Shivshankar Kumar, was arrested in connection with the recovery of 270 litres of liquor and charged under Section 111 of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He had been in custody since 15‑03‑2026 and initially obtained a regular bail order on 03‑07‑2026, which was mistakenly recorded as anticipatory bail. The petitioner’s counsel argued that the bail order should be recalled and the case considered on its merits for regular bail, emphasizing the lack of any seized possession, the absence of a valid confessional statement, and the petitioner’s prior excise cases. The State opposed the bail application. The court, after reviewing the submissions, recalled the erroneous order and granted regular bail on a bond of Rs. 5,000 with two sureties, directing the petitioner’s release pending trial.
Issues considered
- Whether the bail order dated 03‑07‑2026 should be recalled and replaced with a regular bail order.
- Whether the confessional statement made in police custody is admissible as evidence.
- Whether the petitioner is entitled to bail despite prior excise cases and the nature of the alleged offence.
Legislation cited
- Bihar Negotiable Instruments (BNS) — s. 111
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- anticipatory bail
- regular bail
- confessional statement
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28606 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- SONBERSA District- Sitamarhi
======================================================
Shivshankar Kumar Son of Raj Kumar Sah Resident of Village - Rupauli
Ward No. 07, P.S.- Bathnaha, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 07-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Learned counsel for the petitioner submits that the
case was taken up on 3-7-2026, when regular bail was granted
to the petitioner but the order dated 3-7-2026 inadvertently
records that petitioner has been enlarged on provisional
anticipatory bail, thus learned counsel for the petitioner submits
that the order dated 3-7-2026 be recalled and the case of the
petitioner be considered on merits for regular bail.
3. In view of the submission made by learned counsel
for the petitioner, the order dated 3-7-2026 is recalled.
4. Learned counsel for the petitioner next submits that
petitioner seeks bail in a case registered for the offences
punishable under Section 111 of the BNS as well as Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
Patna High Court CR. MISC. No.28606 of 2026(4) dt.07-07-2026
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2022
5. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 270 litres of liquor from a car. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
is not the owner of the seized vehicle and came to be implicated
based on the confessional statement of Shiv Shankar Kumar in
police custody which does not have any evidentiary value in the
eye of law. It is next submitted that once an accused is
implicated in a case relating to excise the police starts
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
It is also submitted that petitioner is in custody since 15-3-2026.
6. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
7. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond 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
Patna High Court CR. MISC. No.28606 of 2026(4) dt.07-07-2026
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pending/successor court in connection with Sonbersa P.S. Case
No. 77 of 2026.
(Satyavrat Verma, J)
Sumit/-
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