Created by Fuzzy Cloud

Patna High Court

Sudama RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail‑bond conditions and verification of the petitioner’s criminal antecedent, with confirmation dependent on the antecedent check.

Summary

Sudama Rai applied for anticipatory bail anticipating arrest in a case registered under Sections 30(a), 38(a) and 41(1) of the Excise Act for alleged recovery of 3,876.48 litres of liquor from a truck. He contended that he was not in possession of the seized goods, was not the owner of the truck, and that the case was based solely on a confessional statement of another person taken in police custody, which he claimed had no evidentiary value. The State opposed the bail. Applying Section 438(2) of the Criminal Procedure Code, the Court directed the petitioner to furnish bail bonds of Rs 5,000 with two sureties and granted provisional anticipatory bail, subject to verification of his criminal antecedent. The order stipulated that if the trial court finds more than one prior case, the bail would not be confirmed; otherwise it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in an Excise Act case where the accused is not in possession of the seized liquor and the prosecution relies on a confessional statement of another person.
  • Whether the conditions prescribed under Section 438(2) CrPC are satisfied for granting anticipatory bail.
  • How the accused’s criminal antecedent affects the confirmation of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • confessional statement
  • criminal antecedent
  • bail bond
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91290 of 2025
                       Arising Out of PS. Case No.-176 Year-2022 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Sudama Rai S/o Tuna Rai R/o Village- Dahiyawa, P.S- Chapra Town, Dist-
                 Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh
                 For the Opposite Party/s :       Mr.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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), 38(a) and 41(1) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 3876.48 litres of liquor from a truck.

                                4. 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

                   the seized truck and he came to be implicated based on

                   confessional statement of Ranjeet in police custody, which does

                   not have any evidentiary value.
Patna High Court CR. MISC. No.91290 of 2025(2) dt.12-01-2026
                                            2/3




                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 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.5,000/- (Rupees Five 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 Alamganj P. S. Case No.176 of 2022, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. 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

          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 one case only, in that event, the
               Patna High Court CR. MISC. No.91290 of 2025(2) dt.12-01-2026
                                                           3/3




                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.