Patna High Court
Sonu Kumar Yadav @ Sonu Kumar GopversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…