Patna High Court
Sarwan Kumar @ Shravan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bond, sureties and verification of antecedents, with the possibility of revocation if more than seven prior cases are concealed.
Summary
The petitioners, Sarwan Kumar and Lalan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 1,647 litres of liquor from a pickup vehicle. They contended that they were not in possession of the liquor, did not own the vehicle, and were implicated solely on a confessional statement made by Rajendra while in police custody, which they argued lacks evidentiary value. The State opposed the bail, emphasizing the petitioners’ multiple prior excise cases—seven each. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 35,000 with two sureties and directed verification of the petitioners’ criminal antecedents. It further held that if any petitioner is found to have concealed more than seven prior cases, the bail would not be confirmed for that individual. The order was made under Section 482(2) of the Bihar Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail can be granted in an offence under Sections 30(a) and 41(1) of the Bihar Excise Act.
- Whether a confessional statement recorded in police custody is admissible for arrest and bail considerations.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
- Whether the trial court may condition anticipatory bail on verification of antecedents under Section 482(2) of the BNSS.
Legislation cited
- Bihar Code of Criminal Procedure — s. 482(2)
- Bihar Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- criminal antecedent
- Section 30
- Section 41
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35648 of 2026
Arising Out of PS. Case No.-498 Year-2025 Thana- TRIVENIGANJ District- Supaul
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1. Sarwan Kumar @ Shravan Yadav S/o Bechan Yadav Resident of Village -
Anchra, Ward No.-7, P.S.- Narpatganj, District - Araria
2. Lalan Kumar @ Lalan Yadav S/o Shivnarayan Yadav Resident of Village -
Manikpur, Ward No.- 8, P.S. - Narpatganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of seven cases under the Excise
Act and petitioner no. 2 has antecedent of seven cases out of
which six cases are under the Excise Act and allegation is of
recovery of 1647 liters of liquor from a pick up vehicle.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.35648 of 2026(3) dt.22-06-2026
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was recovered from their conscious possession and are not the
owner of the seized vehicle and came to be implicated based on
confessional statement of Rajendra in police custody which does
not have any evidentiary value. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
35000/- (Rupees Thirty Five Thousand) each 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 Triveniganj P.S. Case No. 498 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.35648 of 2026(3) dt.22-06-2026
3/3
in the event if it is found that any of the petitioners have
antecedent of more than seven cases then it would be presumed
that petitioners, for the purposes of seeking anticipatory bail,
had concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed with
respect to the petitioner who had concealed his antecedent, but
after verification if it is found that petitioners have antecedent of
seven cases, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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