Patna High Court
Sajan poddarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of antecedent as per Section 438(2) CrPC.
Summary
The petitioner, Sajan Poddar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 400 litres of liquor from a vehicle. He argued that he has a clean antecedent, was not arrested at the spot, and the vehicle was not in his possession; the only evidence against him was a confessional statement of another accused in police custody, which he claimed lacks evidentiary value. The State opposed the bail, contending that the allegations warranted detention. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) CrPC and verification of his criminal antecedent. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co-accused, without other material evidence, is sufficient to deny anticipatory bail.
- What conditions must be imposed on provisional anticipatory bail, including verification of criminal antecedent.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.984 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- Excise P.S. District- Munger
======================================================
Sajan poddar S/O Prakash Poddar R/O Vill.- Nayagaon, Kabrgah, P.S-
Jamalpur, Munger,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madan Mohan
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 400 litres of liquor from a Sumo Gold vehicle.
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 vehicle and he came to be implicated based on
confessional statement of apprehended accused in police
custody, which does not have any evidentiary value.
Patna High Court CR. MISC. No.984 of 2026(2) dt.19-01-2026
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.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
Excise P. S. Case No.235 of 2025, 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 even 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 is a person with clean antecedent, in that event, the
Patna High Court CR. MISC. No.984 of 2026(2) dt.19-01-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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