Patna High Court
SADHU HALWAI @ NISHU HALWAIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent, under Section 482(2) of the BNSS.
Summary
The petitioner, Sadhu Halwai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 215.460 litres of liquor and a motorcycle from a public riverbank. He argued that he was not caught in possession, the seized items did not belong to him, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a further deposit of Rs.5,000 with the Lawyers’ Association, subject to verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; otherwise it will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- criminal antecedent
- Section 482(2)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6001 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
SADHU HALWAI @ NISHU HALWAI Son of Antu Halwai R/o village
Bhagwanpur, P.S.- Bhagwanpur, District - Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan
For the Opposite Party/s : Mr.Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases and allegation is of
recovery of 215.460 litres of liquor from a place near bank of a
river along with a motorcycle.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.6001 of 2026(2) dt.03-02-2026
2/3
and is accessible to public at large and petitioner is not the
owner of the seized motorcycle and he came to be implicated
based on confessional statement of Golu in police custody
which does not have any evidentiary value. It is further
submitted that of late police has started implicating accused,
who carries antecedent other than excise case also.
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. 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 Bhagwanpur P.S. Case
No. 140 of 2025, 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
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
Patna High Court CR. MISC. No.6001 of 2026(2) dt.03-02-2026
3/3
before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…