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Patna High Court

Sumit Kumar Mishra @ Chotu Baba @ Chhote Baba @ Sumit MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                        3/3




                      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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