Patna High Court
Sunil Kumar @ Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Sunil Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 191(2), 190, 115(2), 132 of the Bihar Narcotic Substances Act and Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He alleged that liquor and a large sum of money were recovered from a scooter and a house belonging to another person, and that he had no possession, ownership, or relationship with the seized items. The prosecution’s case relied mainly on a confessional statement made by a person in police custody, which the petitioner argued lacked evidentiary value. The court examined the petition and, considering the petitioner’s clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations and the nature of evidence.
- Whether the confessional statement of a person in police custody can form a basis to deny anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- confessional statement
- Bihar Prohibition Act
- criminal antecedent
- Section 482(2) of B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90282 of 2025
Arising Out of PS. Case No.-986 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Sunil Kumar @ Sunil Paswan S/o- Ram Briksh Paswan Resident of village-
Dusadhi Pakri Kankarbagh Sampatchak, Lohia Nagar, PS- Kankarbagh Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaishav Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offence punishable under Sections 191(2),
190, 115 (2) and 132 BNS & Sections 30(a) and 45 of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3.8 litres of liquor from a scooter and 18.4 litres of
liquor and Rs.3,24,450/- from house of Sujit Kumar. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized scooter nor the recovery is from the
Patna High Court CR. MISC. No.90282 of 2025(2) dt.08-01-2026
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house of the petitioner. It is also submitted that petitioner has no
concern or relation with Sujit and he came to be implicated
based on the confessional statement of Anuradha in police
custody which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds 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
Kankarbagh P.S. Case No.986/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.90282 of 2025(2) dt.08-01-2026
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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.
(Satyavrat Verma, J)
amit/-
U T
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