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Patna High Court

Sunil Kumar Thakur @ Sunil ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2).

Summary

The petitioner, Sunil Kumar Thakur, was implicated in an excise case for allegedly recovering 48.875 litres of liquor from a bicycle, based largely on a confessional statement made by another person in police custody. He was not arrested at the scene and no liquor was found in his possession, leading him to seek anticipatory bail. The petitioner argued that the confessional statement lacked evidentiary value and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.25,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents under Section 482(2). If more than five prior cases are found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case.
  • Whether the confessional statement of a co-accused in police custody can be 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 482
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44975 of 2026
                     Arising Out of PS. Case No.-95 Year-2026 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Sunil Kumar Thakur @ Sunil Thakur Son of Uday Thakur @ Uday Shankar
                 Thakur (Wrongly mentioned in F.I.R. aged about 30 Years), Resident of
                 Village- Umagaon, P.S.- Harlakhi, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal
                 ======================================================
                 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 offence punishable under Sections 274, 275

                   and 3(5) of the BNS and Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 48.875 litres of liquor from a

                   bicycle. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of the seized bicycle and he

                   came to be implicated based on confessional statement of Ajay
Patna High Court CR. MISC. No.44975 of 2026(2) dt.03-07-2026
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          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 through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.25,000/- (Rupees twenty 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 Harlakhi P.S. Case

          No.95/2026, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          five cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.44975 of 2026(2) dt.03-07-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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