Created by Fuzzy Cloud

Patna High Court

Sujeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that anticipatory bail may be granted provisionally in the excise case, subject to a bond, sureties and verification of the petitioner’s antecedent, with confirmation only if the antecedent does not exceed seven cases.

Summary

The petitioner, Sujeet Kumar, was implicated in a case under Sections 30(a), 38(1) and 41(1) of the Bihar Excise Act for allegedly recovering 1.5 litres of liquor from a truck. He claimed he was not apprehended on the spot and that the case was based on secret information and the complaint of a local person. The petitioner, who already has seven prior excise cases, applied for anticipatory bail. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.35,000 with two sureties and that the trial court verify his criminal antecedent; if more than seven prior cases are found, the bail will not be confirmed. The order is subject to the provisions of Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the accused has multiple prior offences.
  • Whether the nature of the evidence (secret information and no seizure from the accused) affects the grant of anticipatory bail.
  • Whether the trial court must verify the accused’s antecedent before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • criminal antecedent
  • secret information
  • Bihar Excise Act
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43634 of 2026
                    Arising Out of PS. Case No.-120 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Sujeet Kumar S/o Durganand Yadav R/O Vill.- Inarwa, P.S- Phulparas,Dist-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 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 Sections 30(a),

                   38(1) and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 1.5 liters of liquor from a truck.

                                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 came to be

                   implicated at the instance of local person and also based on

                   secret information. It is also submitted that once an accused is

                   implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.43634 of 2026(2) dt.03-07-2026
                                            2/3




          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.

          35000/- (Rupees Thirty 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

          Phulpara P.S. Case No. 120 of 2026 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 seven 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
            Patna High Court CR. MISC. No.43634 of 2026(2) dt.03-07-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of seven

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

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.