Patna High Court
Mithu Kumar @ Mithu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be provisionally granted when the allegations are not supported by material evidence and the confessional statement lacks evidentiary value, subject to verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
Mithu Kumar applied for anticipatory bail fearing arrest in a case under Sections 274 and 275 of the B.N.S., 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The allegation involved recovery of 70 litres of liquor from a location near Nayka Tola temple, but no liquor was found in the petitioner’s possession and the prosecution’s case relied on a confessional statement made by Pawan Kumar while in police custody, which the court held had no evidentiary value. The petitioner had one prior case under the Excise Act. The court examined whether anticipatory bail could be granted in the absence of material evidence and despite the prior antecedent. It directed that provisional anticipatory bail be granted on a bail‑bond of Rs 5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. 2023. The order further provided that if more than one antecedent is found, the bail may be cancelled; otherwise the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the prosecution’s case is based solely on a confessional statement lacking evidentiary value.
- Whether the existence of a prior criminal antecedent affects the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. empowers the court to conditionally grant anticipatory bail pending verification of antecedents.
Legislation cited
- B.N.S., 2023 — s. 274, 275
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- excise law
- possession
- criminal antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83542 of 2025
Arising Out of PS. Case No.-414 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
Mithu Kumar @ Mithu Sahani Son of Mahendra Sahani @ Mahendra Sahni
Resident Of Village- Jhakhiya Ps- Banjariya District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 274 and 275 of
B.N.S., 2023 as well as Sections 30(a) and 41(1) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 70 litres of liquor from a place near
Nayka Tola temple. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner but then is accessible to
villagers at large and he came to be implicated based on
Patna High Court CR. MISC. No.83542 of 2025(3) dt.19-01-2026
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confessional statement of Pawan Kumar 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 petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise Court No.-1, East Champaran, Motihari in
connection with Banjariya P.S. Case No.414 of 2024, 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 petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
Patna High Court CR. MISC. No.83542 of 2025(3) dt.19-01-2026
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order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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