Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions and verification of his criminal antecedent.
Summary
The petitioner, Sonu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 7.5 litres of liquor near a Durga temple. He argued that no liquor was found in his possession, the alleged recovery occurred on public land, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a deposit of Rs.2,500 with the Advocates’ Association, and verification of his criminal antecedent. The order further stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, the provisional bail would be confirmed. The decision was based on the need to balance the petitioner’s right to liberty with the State’s interest in investigating excise offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused in police custody provides sufficient basis to deny anticipatory bail.
- Whether the petitioner’s alleged lack of possession and the public nature of the alleged recovery site justify granting bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- police custody
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3904 of 2026
Arising Out of PS. Case No.-609 Year-2025 Thana- BEUR District- Patna
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Sonu Kumar S/o Kapil Rai R/o Bishanpur Pakadi, P.S.- Beur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 7.5 liters of liquor from a place near
a Durga temple.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large he came to be implicated
Patna High Court CR. MISC. No.3904 of 2026(2) dt.29-01-2026
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based on confessional statement of Sunny in police custody
which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Beur P.S.
Case No. 609 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.3904 of 2026(2) dt.29-01-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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