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Patna High Court

Sarwan Kumar @ Shravan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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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