Patna High Court
CR. MISC./49896/2026 of SUNDAR SAH @ SHYAM SUNDAR KUMAR Vs The State of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49896 of 2026 Arising Out of PS. Case No.-280 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== SUNDAR SAH @ SHYAM SUNDAR KUMAR S/O LATE TAPPI LAL SAH R/O Vill.- Motipur, Purani Bazar, P.s.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49896 of 2026
Arising Out of PS. Case No.-280 Year-2019 Thana- RAJAOLI District- Nawada ======================================================
SUNDAR SAH @ SHYAM SUNDAR KUMAR S/O LATE TAPPI LAL
SAH R/O Vill.- Motipur, Purani Bazar, P.s.- Motipur, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar -
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Dhananjaya Nath Tiwari
For the Opposite Party/s :
Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
23-07-2026
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 the petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 4400 litres of spirit from a truck.
4. Learned counsel for the petitioner submits that the 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 Vishwanath in police custody which does not have any evidentiary value. It is further submitted that Patna High Court CR. MISC. No.49896 of 2026(2) dt.23-07-2026
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. It is also submitted that petitioner earlier also in similar manner came to be implicated in cases relating to Excise.
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. 25,000/- (Rupees Twenty-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 Rajaoli P.S. Case No. 280 of 2019, 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 five cases then it would be presumed that petitioner, for the Patna High Court CR. MISC. No.49896 of 2026(2) dt.23-07-2026
purposes of seeking anticipatory bail, had concealed his 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 five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T