Patna High Court
Shubham Thakur @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Shubham Thakur, sought anticipatory bail in a case under Sections 30(a) and 32(3) of the Bihar Excise Act concerning the alleged recovery of 1,416.6 litres of liquor from a pickup vehicle. He argued that he was not caught in possession, was not the owner of the vehicle, and that the only evidence against him was a confessional statement made by another person, Raj Kumar, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 5,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that if the trial court finds the petitioner has more than one prior case, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the allegations under the Bihar Excise Act.
- Whether a confessional statement made by a third person in police custody can form the basis for denying anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44389 of 2026
Arising Out of PS. Case No.-159 Year-2026 Thana- Excise P.S. District- Begusarai
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Shubham Thakur @ Shubham Kumar S/o Shambhu thakur R/o Village - Bari
Aghu(Mohan Aghu), Ward no. 41, P.S. - Muffasil, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 1416.600 liters of liquor from a pick up
vehicle.
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 the
seized vehicle he came to be implicated based on confessional
statement of Raj Kumar in police custody which does not have any
evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.44389 of 2026(2) dt.08-07-2026
2/2
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. 5000/- (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 Excise P.S. Case No. 159 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 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 ha antecedent of one
case only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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