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Patna High Court

Sujit Kumar @ Sujit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner's antecedent.

Summary

Petitioner Sujit Kumar Yadav sought anticipatory bail after learning that he may be arrested in a case under Sections 30(a), 37 and 47 of the Bihar Excise Act for alleged recovery of liquor from a house and a motorcycle not owned by him. He argued that he had no possession of the liquor, no ownership of the motorcycle, and the case was based solely on a confessional statement made by Vidya Devi while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, considering the petitioner's clean antecedent and the lack of direct possession, granted provisional anticipatory bail subject to a modest bond, sureties, and a condition that the trial court verify his antecedent within six weeks. The order also required the petitioner to deposit a further amount with the Advocates’ Association. The provisional bail will be confirmed only after verification of his antecedent.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves seizure of liquor not in the petitioner's possession.
  • Whether a confessional statement made by a co‑accused in police custody can be the basis for denying anticipatory bail.
  • Whether the petitioner's clean criminal antecedent is a condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • confessional statement
  • clean antecedent
  • provisional bail
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3476 of 2026
                      Arising Out of PS. Case No.-821 Year-2024 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sujit Kumar @ Sujit Yadav S/o Bilendra Yadav R/o Village - Patrang Nala
                 Par, P.S - Akbarpur, District - Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Verma
                 For the Opposite Party/s :        Mr.Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               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 30(a), 37

                   and 47 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8.5 litres of liquor from the house of Vidya Devi and

                   0.75 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a house which does not belong to the petitioner

                   and petitioner is not the owner of the seized motorcycle and has
Patna High Court CR. MISC. No.3476 of 2026(2) dt.29-01-2026
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          no concern or relation with Vidya and he came to be implicated

          based on confessional statement of Vidya in police custody

          which does not have any evidentiary value.

                   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, 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 Excise

          P.S. Case No. 821 of 2024, subject to the conditions as laid

          down under Section Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.3476 of 2026(2) dt.29-01-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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