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Patna High Court

Prabhat Sharma @ Prabhat KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Prabhat Sharma, sought anticipatory bail fearing arrest in a case alleging offences under several IPC sections (468, 471, 420, 414, 34) and the Bihar Excise Act (30(a), 32, 36, 41) relating to the alleged recovery of 5,951.880 litres of liquor from five vehicles. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the seized vehicles, and was implicated solely on a confessional statement made by co‑accused Ranjan while in police custody, which he argued lacks evidentiary value. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent; if more than two prior cases are found, the bail will not be confirmed. The order directs the trial court to verify the antecedent and confirm the bail if the petitioner’s record is limited to two cases. The decision rests on the discretion under Section 482(2) of the BNSS and the principle that a confessional statement of a co‑accused cannot alone justify denial of bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences.
  • Whether the confessional statement of a co‑accused made in police custody can be the sole basis for denying anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • excise law
  • liquor seizure
  • IPC offences
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59383 of 2025
                   Arising Out of PS. Case No.-72 Year-2023 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Prabhat Sharma @ Prabhat Kumar Son of Ramsheni Sharma @ Ramshnehi
                 Sharma @ Ram Snehi Sharma Resident of Village- Purusottampur P.S-
                 Kalyanpur District -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Singh
                 For the Opposite Party/s :      Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026               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 offences punishable under Sections 468, 471,

                   420, 414 and 34 of the IPC and Sections 30(a), 32, 36 and 41 of

                   the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 5951.880 litres of liquor from five different

                   vehicles.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.59383 of 2025(3) dt.06-01-2026
                                            2/3




          any of the seized vehicles and he came to be implicated based

          on confessional statement of Ranjan 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.

                   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 trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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

          Chakmehsi P.S. Case No. 72 of 2023, subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                   7.      It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
              Patna High Court CR. MISC. No.59383 of 2025(3) dt.06-01-2026
                                                          3/3




                        verification if it is found that petitioner has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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