Patna High Court
Sumit Kumar @ Sumit Kumar RautversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with Section 482(2) of the B.N.S.S.
Summary
Petitioner Sumit Kumar Raut applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 58.970 litres of liquor from an auto. He contended that he was not arrested at the spot, had no possession of the liquor, was not the owner of the vehicle, and that the case against him rested solely on a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. The State opposed the bail. The High Court, after considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 5,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S. and verification of his criminal antecedent. The court further held that if verification shows more than one prior case, the bail would not be confirmed, whereas if only one antecedent is found, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement of another accused
- Whether the provisions of Section 482(2) of the B.N.S.S. empower the High Court to grant provisional anticipatory bail in excise cases
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91144 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- KASBA District- Purnia
======================================================
Sumit Kumar @ Sumit Kumar Raut S/O Dhirendra Raut R/O Ward no. 10,
Phulwaria, P.S.- Kasba, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 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 58.970 litres of liquor from an auto.
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 vehicle and he
came to be implicated based on confessional statement of
apprehended accused in police custody which does not have any
evidentiary value. It is also submitted that once an accused is
Patna High Court CR. MISC. No.91144 of 2025(2) dt.12-01-2026
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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.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-01, Purnea in connection with Kasba P.S.
Case No.150 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 bonds 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
Patna High Court CR. MISC. No.91144 of 2025(2) dt.12-01-2026
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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 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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