Patna High Court
Sumit Bharti @ Bhujangi SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sumit Bharti, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 80 litres of liquor from a public place. He contended that no liquor was found in his possession and that the case was based solely on a confessional statement made in police custody, which he argued lacks evidentiary value. The State opposed the bail, citing his antecedent of three prior cases, two of which relate to the Excise Act. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs 15,000 with two sureties and a condition to verify his criminal antecedent within six weeks. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only three cases are verified. Additionally, the petitioner was directed to deposit Rs 5,000 with the Patna High Court Advocate Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022 and his criminal antecedent
- Whether the confessional statement made in police custody can form the basis for arrest and denial of bail
- What conditions, if any, should be imposed on the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- confessional statement
- criminal antecedent
- Section 30(a)
- Section 438 CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6242 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Sumit Bharti @ Bhujangi Singh Son of Surendra Singh R/o Village- Mani
Gachhi, Ward No. 10, P.S.- Manjhaul, District- Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 80
litres of liquor from Bajraha Tola.
4. Learned counsel for the petitioner submits that
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
and is accessible to public at large. It is further submitted that
petitioner came to be implicated based on the confessional
Patna High Court CR. MISC. No.6242 of 2026(2) dt.04-02-2026
2/3
statement of apprehended accused in police custody which does
not have any evidentiary value in the eye of law. It is next
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of
the case.
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, let 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
Manjhaul P.S. Case No. 87 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
Patna High Court CR. MISC. No.6242 of 2026(2) dt.04-02-2026
3/3
it is found that petitioner has antecedent of more than three
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
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.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…