Patna High Court
Suraj Kumar Sah @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2).
Summary
Suraj Kumar Sah was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 23.400 litres of liquor from a motorcycle. He was not arrested at the scene, no liquor was found in his possession, and he is not the owner of the vehicle. The prosecution’s case relied on a confessional statement made by another individual, Sachin, while in police custody, which the petitioner argued lacks evidentiary value. The petitioner, a first‑time offender, sought anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, sureties, and a condition that the trial court verify his criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail should be granted when the primary evidence is a confessional statement made in police custody and the accused was not found in possession of the alleged contraband.
- Whether the petitioner’s clean antecedent warrants relief under Section 482(2) of the Bihar Negotiable Sale and Settlement Act.
Legislation cited
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45765 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Suraj Kumar Sah @ Suraj Kumar S/O Kapil Sah Resident of Village-
Pratappur, P.S. - Manjhagarh, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shubhangi Pandey
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 23.400 litres of liquor from a motorcycle.
4. Learned counsel 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 vehicle
and he came to be implicated based on confessional statement of
Sachin in police custody which does not have any evidentiary
value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.45765 of 2026(2) dt.10-07-2026
2/2
6. 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.500/- (Rupees five hundred) 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 Barauli P.S. Case No.395 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. 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 even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, 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.