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Patna High Court

Shashi Bhushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to a modest bond, sureties, and verification of the petitioner’s antecedents, with confirmation contingent on a clean record.

Summary

The petitioner, Shashi Bhushan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 1,235.52 litres of liquor from a Tata truck. He argued he had no possession, was not the vehicle owner, and the case was based on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering his clean antecedent, granted provisional anticipatory bail on the condition of a Rs.500 bond and two sureties, subject to verification of his criminal record under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the petitioner has no possession of the alleged contraband.
  • Whether a confessional statement of an accused made in police custody can form a basis for arrest without other corroborative evidence.
  • Whether the trial court may condition confirmation of anticipatory bail on verification of the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • confessional statement
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36332 of 2026
                  Arising Out of PS. Case No.-91 Year-2026 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Shashi Bhushan Kumar Son of Mishri Ydav @ Mishri Yadav Resident of
                 Village- Majuraha, P.S.- Raghunathpur @ Raghunathpur, District- East
                 Champaran (Motihari).
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar
                 For the Opposite Party/s :       Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
3   25-06-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1235.52 litres of liquor from a Tata Truck. 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 he came to be implicated

                   based on confessional statement of apprehended accused in

                   police custody which does not have any evidentiary value. It is

                   reiterated and submitted that petitioner is a person with clean

                   antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.36332 of 2026(3) dt.25-06-2026
                                                       2/2




                     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.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 Piprakothi P.S. Case No.91/2026, 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 even one

                     case, in that event, it would be presumed that petitioner had

                     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 is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                                                (Satyavrat Verma, J)
amit/-
U      T


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