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Patna High Court

Suraj Kumar @ Suraj Kumar RajakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

Suraj Kumar was implicated in an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the recovery of 66 litres of liquor from a sack thrown from a motorcycle. He argued that he had no prior criminal record, was not arrested at the scene, did not possess the liquor, and was not the owner of the vehicle, and that the only evidence against him was a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents by the trial court. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement made in police custody has evidentiary value for the purpose of bail.
  • Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the vehicle affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • prohibition and excise
  • confessional statement
  • police custody
  • bail conditions
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37429 of 2026
                      Arising Out of PS. Case No.-98 Year-2025 Thana- RATANPUR District- Supaul
                 ======================================================
                 Suraj Kumar @ Suraj Kumar Rajak Son of Late Chhotelal Rajak @ Late
                 Baidyanath Rajak @ Chhotelal Rajak Resident of village - Dumari, Ward No.
                 03, Police Station - Karjain, District - Supaul.
                                                                            ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun, Advocate
                 For the Opposite Party/s :      Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 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.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   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 66 litres of liquor from a sack allegedly thrown

                   from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Pankaj in
Patna High Court CR. MISC. No.37429 of 2026(2) dt.16-06-2026
                                            2/3




          police custody which does not have any evidentiary value in the

          eye of law.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let 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 S.T. Case No. 4593

          of 2025 arising out of Ratanpura P.S. Case No. 98 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.37429 of 2026(2) dt.16-06-2026
                                                       3/3




                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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