Created by Fuzzy Cloud

Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to bail bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Subodh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 86 litres of liquor from a house not owned by him. He argued that the recovery was from Golu's house, he had no relation to Golu, and the case was based solely on a confessional statement of Vishal made 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.5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail will be presumed concealed and the provisional order will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of Vishal recorded in police custody can form the basis for arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42227 of 2026
                    Arising Out of PS. Case No.-268 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Subodh Kumar S/o Makhan Das @ Makkhan Das R/o Village - (Belouri),
                 Gudri Tala Belouri, P.S - Sadar Thana, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :       Ms.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 86 litres of liquor from the house of Golu.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a house which does not belong to the petitioner and

                   petitioner has no concern or relation with Golu and he came to be

                   implicated based on confessional statement of Vishal in police

                   custody which does not have any evidentiary value.
              Patna High Court CR. MISC. No.42227 of 2026(2) dt.03-07-2026
                                                          2/2




                                 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. 5,000/- (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 Sadar P.S. Case No. 268 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 one case 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

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

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.