Patna High Court
Shashi Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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/-
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