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Patna High Court

Hemant KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Hemant Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the recovery of 11.7 litres of liquor was made from a location not belonging to him and was based solely on a confessional statement made by Sadanand Rai in police custody. The petitioner argued that he was not arrested at the spot and that the confessional statement lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and comply with Section 482(2) of the B.N.S.S., and further directed verification of his criminal antecedent. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the High Court Legal Services Committee.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of Sadanand Rai made in police custody is admissible as evidence.
  • Whether the petitioner’s criminal antecedent disqualifies him from obtaining anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5508 of 2026
                 Arising Out of PS. Case No.-99 Year-2025 Thana- EXCISE TRIVENIGANJ District- Supaul
                 ======================================================
                 Hemant Kumar Son of Sadanand Roy Resident of Village- Piluaha, Ward No.
                 06, P.S.- Jadia, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 11.7 litres of liquor from two bags. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and he came to be implicated based on confessional

                   statement of Sadanand Rai in police custody, which does not

                   have any evidentiary value.
Patna High Court CR. MISC. No.5508 of 2026(2) dt.03-02-2026
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                         4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge Excise Court No.-II, Supaul in connection with

          Triveniganj Excise P.S. Case No.99 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond 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 one case, 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 only one case, in that event, the
               Patna High Court CR. MISC. No.5508 of 2026(2) dt.03-02-2026
                                                           3/3




                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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