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Patna High Court

Kunkun SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Kunkun Sah, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 816 litres of liquor from a Mahendra pickup. He argued he had a clean antecedent, was not arrested on the spot, had no possession of the liquor, and was not the vehicle's owner; the only link was a confessional statement by Deepak made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order thus balances the petitioner’s right to liberty with the court’s duty to ensure no concealment of prior cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act based on the facts presented.
  • Whether a confessional statement made in police custody, without corroboration, can be the basis for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • seizure of liquor
  • clean antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.745 of 2026
                      Arising Out of PS. Case No.-211 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Kunkun Sah Son of Budhan Sah Resident of Village- Rampur, Sadhri, P.S.-
                 Aurai, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Yugal Kishore
                 For the Opposite Party/s :        Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026               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 Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 816 litres of liquor from a Mahendra pickup vehicle.

                             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 the

                   seized vehicle and he came to be implicated based on confessional

                   statement of Deepak in police custody which does not have any

                   evidentiary value.

                             5.    Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.745 of 2026(2) dt.15-01-2026
                                                          2/2




                        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. 500/- (Rupees Five Hundred) 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 Aurai P.S. Case No. 211 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 even one case 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 verification if it is found that petitioner is a person with

                        clean antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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