Created by Fuzzy Cloud

Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sunil Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 418.140 litres of liquor from a Bolero pick‑up. He contended that he was not in possession of the vehicle at the time of seizure, was not the owner, and that the case against him relied solely on a confessional statement of co‑accused Deepak Patel made in police custody, which he argued lacks evidentiary value. The State opposed the bail, emphasizing the seriousness of the excise offence. Justice Satyavrat Verma, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if he has only two prior cases, otherwise the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether a confessional statement made by a co‑accused in police custody can be the sole basis for implicating the petitioner
  • Whether the petitioner’s alleged lack of ownership and possession of the seized vehicle negates the charge

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • confessional statement
  • Section 30(a)
  • Section 438 CrPC
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7353 of 2026
                   Arising Out of PS. Case No.-623 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Sunil Kumar S/O Motilal Sah R/O Village- Ahiyapur, P.S- Sahebganj,
                 District- Muzaffarpur Bihar
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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 two cases under the Excise Act and

                   allegation is of recovery of 418.140 litres of liquor from a

                   Bolero Pick-up.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of co-

                   accused, namely, Deepak Patel in police custody which does not
Patna High Court CR. MISC. No.7353 of 2026(2) dt.19-02-2026
                                            2/3




          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, secret information or confessional

          statement 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 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 Sahebganj P.S. Case No. 623 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

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.7353 of 2026(2) dt.19-02-2026
                                                       3/3




                     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 two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.