Patna High Court
Munna Kumar @ Shashi Bhushan @ Shashi Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted pending verification of antecedents, despite the reliance on a co-accused’s confessional statement.
Summary
The petitioner, Munna Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act for alleged recovery of 202.920 litres of liquor from a Creta car. He argued that the seized liquor was not in his conscious possession, he was not the owner of the vehicle, and the case was based solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the petitioner had three prior excise cases and that the allegations warranted detention. The Court granted provisional anticipatory bail, subject to a bond of Rs.15,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents by the trial court. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only three antecedent cases are verified.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the CrPC in a case involving alleged excise offences?
- Whether the confessional statement of a co-accused, made in police custody, can constitute sufficient basis for arrest without other corroborative evidence?
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(iii)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedent
- Section 438 CrPC
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45400 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- Excise P.S. District- Madhepura
======================================================
Munna Kumar @ Shashi Bhushan @ Shashi Bhushan Kumar S/o Rajkishore
Yadav R/o Village - Bhawanipur Ward no. 9, PS- Singheshwar, District -
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Ms. Asha Devi
======================================================
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 offence punishable under Sections 30(a) ,
32(iii) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 202.920 litres of liquor from a Creta
car. 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 vehicle and he
came to be implicated based on confessional statement of
Akshay in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.45400 of 2026(2) dt.08-07-2026
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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.15,000/- (Rupees fifteen 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 Madhepura Excise P.S. Case No.104/2026,
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
three 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.45400 of 2026(2) dt.08-07-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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