Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 38(1), 41(1)
- BNSS — s. 482(2)
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
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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
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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
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