Created by Fuzzy Cloud

Patna High Court

Sonu Kumar Yadav @ Sonu Kumar GopversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioners' antecedents and compliance with bail bond conditions, as the allegations rested only on a confessional statement lacking evidentiary value.

Summary

The petitioners, Sonu Kumar Yadav and Raju Bind, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where the alleged recovery of 60 litres of liquor was based solely on a confessional statement of another accused. The petitioners argued they had clean antecedents and that no liquor was found in their possession. The State opposed the bail, but the court noted the lack of evidentiary value in the confessional statement and directed that provisional anticipatory bail be granted upon furnishing bail bonds and sureties, subject to verification of antecedents. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The petitioners also undertook to deposit a further amount with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail can be granted when the charge is based solely on a confessional statement of another accused under the Bihar Prohibition and Excise Act.
  • Whether the petitioners' clean criminal antecedent justifies the grant of provisional anticipatory bail.
  • What conditions under Section 482(2) of the CrPC (referred to as B.N.S.S.) must be satisfied for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • clean antecedent
  • Section 482 CrPC
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83080 of 2025
                         Arising Out of PS. Case No.-546 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
           1.     Sonu Kumar Yadav @ Sonu Kumar Gop S/O Jhulan Yadav @ Ghultun Gop
                  R/O - Bihari Begampur,Sidhe Bazar, P.S- Bypass,Distt.- Patna
           2.    Raju Bind @Lulha S/O Indradev Bind R/O - Bihari Begampur,Sidhe Bazar,
                 P.S- Bypass,Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nityanand Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 60 litres of liquor from possession of four co-

                   accused persons, as detailed in the FIR. It is next submitted that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even alleged

                   recovery is from other accused persons and petitioners came to
Patna High Court CR. MISC. No.83080 of 2025(3) dt.31-01-2026
                                            2/3




          be implicated based on confessional statement of apprehended

          accused in police custody, which does not have any evidentiary

          value.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Court of Excise, Patna City, Patna in

          connection with Bypass P.S. Case No.546 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioners shall verify

          the criminal antecedent of the petitioners and in the event, if it is

          found that petitioners have antecedent of even one case, then it

          would be presumed that petitioners for the purposes of obtaining

          anticipatory bail had concealed their antecedent before this
               Patna High Court CR. MISC. No.83080 of 2025(3) dt.31-01-2026
                                                           3/3




                         Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioners are persons with clean antecedent, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      8. At this stage, learned counsel for the petitioners,

                         based on instruction, submits that petitioners undertake to

                         deposit an amount of Rs.2500/- each with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

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.