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Patna High Court

Sunil Yadav @ Sumit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Sunil Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of 340.320 litres of liquor from a Scorpio vehicle. He argued that he was not in possession of the liquor, was not the vehicle's owner, and the case against him relied solely on a confessional statement made by another person, Chandan, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether a confessional statement made by a co-accused in police custody can be the sole basis for arrest
  • Whether ownership of the seized vehicle and possession of the liquor are essential for granting bail

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • liquor seizure
  • Section 30
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38896 of 2026
                       Arising Out of PS. Case No.-123 Year-2026 Thana- RANIGANJ District- Araria
                 ======================================================
                 Sunil Yadav @ Sumit Kumar S/O Raghu Yadav Resident Of Village-
                 Koshkapur, Uttar Ward No. 3, Police Station- Raniganj, District- Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 340.320 litres of liquor from a Scorpio vehicle. 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 came to be implicated

                   based on confessional statement of Chandan 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.38896 of 2026(2) dt.18-06-2026
                                                       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.5000/- (Rupees five thousand) 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 Raniganj P.S. Case No.123/2026, 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 more than

                     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 has antecedent of one

                     case, in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T


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