Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 240 litres of liquor from two motorcycles. He argued that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the accused is implicated solely on a co-accused's confessional statement.
Whether the petitioner’s antecedent of three prior cases affects the grant of anticipatory bail.

Subjects

anticipatory bail
excise law
confessional statement
criminal antecedent
Section 30
Bihar Excise Act
Section 482
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91662 of 2025
                         Arising Out of PS. Case No.-334 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Sonu Kumar S/o- Wakil Rai Resident of Pojhi P.S- Parsa, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shweta Anand, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 240 liters of liquor from two motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicles and he came to be

                   implicated based on confessional statement of apprehended

                   accused in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.91662 of 2025(2) dt.13-01-2026
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          value. It is also submitted 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.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen 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 Parsa P.S.

          Case No. 334 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.91662 of 2025(2) dt.13-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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