Patna High Court
Sudhanshu @ Sudhanshu Kumar @ MotiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond and conditions, pending verification of the petitioner’s antecedent.
Summary
The petitioner, Sudhanshu Kumar, applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 11,160 litres of liquor. He argued that he was not in possession of the seized car, was not arrested at the spot, and the case was based solely on a confessional statement made by Brajesh Kumar in police custody, which he claimed lacked evidentiary value. The State opposed the bail, highlighting the petitioner’s antecedent of seven prior Excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.35,000 with two sureties and conditions under Section 438(2), directing the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than seven prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted despite the petitioner’s antecedent of seven Excise cases and the reliance on a confessional statement as the sole evidence.
- Whether the petitioner is likely to abscond, tamper with evidence, or otherwise defeat the course of justice.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45443 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Hattha District- Muzaffarpur
======================================================
Sudhanshu @ Sudhanshu Kumar @ Moti S/o Late Ramlalit Singh Resident of
Village- Sundarpur Ratwara, Police Station- Hattha, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of seven cases under the Excise
Act and allegation is of recovery of 11.160 litres of liquor from
a car.
4. The learned counsel for the petitioner submits 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 car and he came to be implicated based on
confessional statement of Brajesh Kumar in police custody
Patna High Court CR. MISC. No.45443 of 2026(2) dt.09-07-2026
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which does not have any evidentiary value. It is next submitted
that police in majority of cases implicating innocent persons
either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. Sri Chandra Bhushan Prasad
opposes the anticipatory bail application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.35,000/- (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 Hattha P. S. Case No.45 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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,
Patna High Court CR. MISC. No.45443 of 2026(2) dt.09-07-2026
3/3
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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