Patna High Court
Shri Chnunnu Kumar @ Sumant @ Sumant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with bail bond conditions.
Summary
The petitioner, Chunnu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor from Bablu Kapor’s hut. He argued that he was not arrested on the spot, no liquor was found in his possession, and the only basis for his implication was Bablu’s confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; if he has exactly three, the provisional order will be confirmed. The order was made under the inherent powers of the High Court under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the only evidence is a confessional statement made in police custody.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- police investigation
- Section 30
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84445 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- PUSA District- Samastipur
======================================================
Shri Chnunnu Kumar @ Sumant @ Sumant Kumar S/o- Dinesh Prasad Singh
R/v- Harpur Pusa W.No-8, Ps- Pusa Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kedar Jha
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 three cases out of which one case is
under the Excise Act and allegation is of recovery of 69.069
litres of liquor from of hut of Bablu Kapor.
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 petitioner has no
concern or relation with Bablu and he came to be implicated
based on confessional statement of Bablu in police custody
Patna High Court CR. MISC. No.84445 of 2025(2) dt.17-01-2026
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which does not have any evidentiary value. It is further
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.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen 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
Pusa P.S. Case No. 120 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 three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.84445 of 2025(2) dt.17-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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