Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Suraj Kumar, sought anticipatory bail fearing arrest in a case involving alleged recovery of 200 litres of liquor from two motorcycles, charged under several sections of the Bihar Narcotic Substances (BNS) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, did not own the vehicles, and was implicated solely on a confessional statement made by another accused, Sandip, while in police custody, which he argued lacked evidentiary value. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds of Rs.500 with two sureties and to be verified by the trial court for any prior criminal antecedents. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the principles of Section 482(2) of the CrPC and the need to protect the petitioner’s liberty pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the confessional statement of a co-accused made in police custody can be the sole basis for arrest.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bihar Narcotic Substances (BNS) — s. 315, 318(3), 318(4), 336(3), 338
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- liquor seizure
- clean antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36863 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Suraj Kumar Son of Birendra Mistri Resident of Village- Taraun, P.S.-
Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan Kumar
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 315, 318(3),
318(4), 338, 336(3) of the BNS and Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 200 litres of liquor from two motorcycles. 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 Sandip in police custody which
does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.36863 of 2026(2) dt.16-06-2026
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 Kawakol
P.S. Case No.111 of 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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