Patna High Court
Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Sagar Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018 & 2022, where 237.24 litres of liquor and 174 litres of beer were allegedly recovered from a bus. He contended that he was not in possession of the seized vehicle, was not its owner, and that the case was based solely on a confessional statement made by Rahul Sharma while in police custody, which he argued lacks evidentiary value. The petitioner also disclosed an antecedent of one prior excise case, while the State opposed the bail application. The High Court, after considering the 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 Section 482(2) of the B.N.S.S. and verification of his criminal antecedent. The court clarified that if verification reveals more than one antecedent, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based primarily on a confessional statement made in police custody
- Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the bus preclude arrest
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- bail bond
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91409 of 2025
Arising Out of PS. Case No.-134 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Sagar Kumar S/O Subodh Kumar R/O Village - Warisaliganj Chiraiya, P .S -
Warisaliganj, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nidhi Anand, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, 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 offences punishable under Sections 30(a) and
47 of Bihar Prohibition and Excise Act, 2018 & 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 237.24 litres of liquor from along
with 174 litres of beer from a bus. 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 bus and came to be implicated based on confessional
statement of Rahul Sharma in police custody which does not
have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.91409 of 2025(2) dt.12-01-2026
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accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, secret information or confessional
statement 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 learned Exclusive
Special Prohibition and Excise Court (II), Nawada in connection
with Nawada Excise P.S. Case No.134 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 antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.91409 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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