Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, deposit, and verification of antecedent.
Summary
The petitioner, Sunny Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from his hotel and a toddy shop. He argued that no liquor was seized from his possession and that the case was based solely on a confession made by his brother while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, a deposit of Rs.1500 with the Advocates’ Association, and a verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the only evidence is a brother's confession in police custody.
- Whether the confession of a co-accused made in police custody is admissible for granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confession in police custody
- bail conditions
- clean antecedent
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3953 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- TISIAUTA District- Vaishali
======================================================
Sunny Kumar S/o- Sunil Sahani R/v- Pranpur Ps- Tisiotta Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, 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 is a person with clean antecedent and allegation is of
recovery of 70 liters of liquor from a hotel of petitioner and 30
liters of liquor from a toddy shop.
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 he came to be
implicated based on confessional statement of his brother,
Prahlad, in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.3953 of 2026(2) dt.29-01-2026
2/3
value. It is next submitted that no prudent person would use his
own premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
and at the same time shall bring disrepute to his business, it is
also submitted that petitioner was completely unaware that his
brother was misusing the premises in the manner as alleged.
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.
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 Tisiauta
P.S. Case No. 168 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 even
one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.3953 of 2026(2) dt.29-01-2026
3/3
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 is a person with clean
antecedent 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.
1500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…