Patna High Court
Sunil Kumar Thakur @ Sunil ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.