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Patna High Court

Sumit Bharti @ Bhujangi SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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