Patna High Court
Bambam Kumar @ Sanjeev Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
Bambam Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case involving alleged offences under Sections 30(a), 32(1), 32(3), 41(1) and 42(2) of the Excise Act relating to the recovery of 2,358.720 litres of liquor from four vehicles. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and the case against him is based solely on a confessional statement made by another person in police custody, which he contended lacks evidentiary value. The State opposed the bail, but the Court noted procedural irregularities with the case diary and decided not to wait indefinitely. The Court granted provisional anticipatory bail, subject to the petitioner furnishing bail bonds of Rs.500 with two sureties, complying with Section 438(2) CrPC, and further conditions including verification of antecedents and a deposit of Rs.2,500 with the Advocates’ Association. The order is conditional and will be confirmed if the petitioner’s clean antecedent is verified.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in the present case
- Whether the confessional statement of Uma Shankar made in police custody can form the basis for the charge
- Whether procedural irregularities concerning the case diary affect the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(1), 32(3), 41(1), 42(2)
Subjects
- anticipatory bail
- Excise Act
- confessional statement
- case diary
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84428 of 2025
Arising Out of PS. Case No.-205 Year-2021 Thana- BYPASS District- Patna
======================================================
Bambam Kumar @ Sanjeev Kumar Sinha Son of Krishan Kumar Sinha @
Krishna Kumar Sinha Resident of Village- Bhutnath Road, Aparajita
Apartment Bhagwat Nagar Road, PS- Agam Kuan, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghwendra Pratap Singh
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a), 32(1), 32(3), 41(1) and 42(2) of the Excise Act.
3. The learned counsel appearing on behalf of the
petitioner submits that by order dated 17.12.2025, the case diary
was called for by a learned Coordinate Bench, but then, instead
of case diary supplementary case diary has been received.
4. The Court will not wait endlessly for the case diary.
5. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 2358.720 litres of liquor from four different
Patna High Court CR. MISC. No.84428 of 2025(3) dt.29-01-2026
2/3
vehicles.
6. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicle and he came to be implicated based on
confessional statement of Uma Shankar in police custody, which
does not have any evidentiary value.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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-bonds in the
sum 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
Bypass P. S. Case No.205 of 2021, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10. It is made clear that the learned trial Court
after accepting the provisional bail bonds of the petitioner shall
Patna High Court CR. MISC. No.84428 of 2025(3) dt.29-01-2026
3/3
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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner is a person with clean antecedent, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
11. At this stage, the learned counsel appearing
on behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…