Patna High Court
Sumit Kumar Mishra @ Chotu Baba @ Chhote Baba @ Sumit MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sumit Kumar Mishra, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 23.58 litres of liquor from two motorcycles. He argued that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and required the petitioner to deposit Rs.2,500 with the Advocates’ Association. The order also stipulated that the trial court verify the petitioner’s criminal antecedent; if more than three prior excise cases are found, the bail would not be confirmed. The provisional bail is thus subject to verification of antecedent and compliance with the conditions.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not apprehended in possession and the only evidence is a confessional statement of another accused.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail under the Bihar Excise Act.
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3993 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- Nagara District- Saran
======================================================
Sumit Kumar Mishra @ Chotu Baba @ Chhote Baba @ Sumit Mishra S/o
Ajay Mishra R/o Village - Mishrawaliya, P.S - Jalalpur, District - Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, 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 three cases under the excise act and
allegation is of recovery of 23.58 liters of liquor from two
motorcycles.
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 is not the
owner of any of the seized vehicles and he came to be
Patna High Court CR. MISC. No.3993 of 2026(2) dt.29-01-2026
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implicated based on confessional statement of apprehended
accused 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.
15,000/- (Rupees Fifteen 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 Nagra
P.S. Case No. 93 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
Patna High Court CR. MISC. No.3993 of 2026(2) dt.29-01-2026
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than three cases then it would be presumed that petitioner, for
the 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 three
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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