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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the alleged recovery of 720 litres of liquor was from a pit not belonging to him and that the only evidence against him was a confessional statement made by Kishan Kumar while in police custody. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents and the conditions of Section 482(2) of the Code of Criminal Procedure. The court clarified that if the verification reveals more than two prior cases, the provisional bail would not be confirmed; if only two cases are found, the bail would be confirmed. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the only evidence is a confessional statement made in police custody.
  • Whether the petitioner’s alleged lack of possession and the location of the alleged liquor affect the grant of anticipatory bail.
  • Whether the High Court may impose conditions under Section 482(2) of the Code of Criminal Procedure while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • police custody
  • bail bond
  • Section 30
  • Section 482
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87409 of 2025
                          Arising Out of PS. Case No.-76 Year-2025 Thana- FCI District- Begusarai
                 ======================================================
                 Sonu Kumar S/o Sunil Singh R/o Village- Bihat Ibrahimpur, P.S- F.C.I., Dist-
                 Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rakesh Mohan Singh, Advocate
                 For the Opposite Party/s :         Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

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

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 720 litres of liquor from a pit. 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 and he came to be implicated based on

                   confessional statement of Kishan Kumar in police custody

                   which does not have any evidentiary value. It is also submitted
Patna High Court CR. MISC. No.87409 of 2025(3) dt.22-01-2026
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          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.

                       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.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge Excise-1, Begusarai in connection with F.C.I. P.S.

          Case No.76 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 petitioner shall verify

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

          found that petitioner has antecedents of more than two cases,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.87409 of 2025(3) dt.22-01-2026
                                                           3/3




                         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 has antecedents of only two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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