Patna High Court
Sudhanshu Kumar @ Pintu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Sudhanshu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 2,070 litres of liquor from a truck. He contended that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated solely on the basis of a confessional statement made by another accused in police custody, which he argued lacked evidentiary value. The State opposed the bail, citing the seriousness of the excise offence and the petitioner’s alleged prior involvement in ten similar cases. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bond of Rs. 50,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if the petitioner is found to have more than ten prior cases, the bail would be cancelled, otherwise the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of another accused can form a basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedent of ten cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7793 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- ARARIA District- Araria
======================================================
Sudhanshu Kumar @ Pintu Mahto Son of Maheshawar Mahto Resident of
Village - Malpur Agrel, P.S. - Sakra, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 ten cases under the Excise Act and
allegation is of recovery of 2070 litres of liquor from a truck.
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 apprehended-accused in police
custody which does not have any evidentiary value. It is further
Patna High Court CR. MISC. No.7793 of 2026(2) dt.23-02-2026
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submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation. It is
also submitted that petitioner earlier also came to be implicated
in a similar manner.
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 within a period of six weeks from today,
be released on Provisional anticipatory bail on furnishing bail
bonds of Rs. 50,000/- (Rupees Fifty 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
Araria P.S. Case No. 31 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 ten
cases 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
Patna High Court CR. MISC. No.7793 of 2026(2) dt.23-02-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of ten cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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