Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Sunil Kumar, sought anticipatory bail after being implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 120 litres of liquor from a motorcycle. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, alleging that the complaint was motivated by a personal dispute with a local chawkidar. The State opposed the bail, arguing the seriousness of the excise offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if only one prior case is found, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case arising under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the vehicle justify the grant of anticipatory bail.
- What conditions may be imposed on provisional anticipatory bail, including verification of the petitioner’s criminal antecedent.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- excise offence
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12636 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- RISIYAP District- Aurangabad
======================================================
Sunil Kumar Son of Sohan Chaudhari Resident of village Dudhaulia, P.S.-
Risiup, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 Sections 30(a) and
41 of the Bihar Prohibition and Excise (Amendment) Act, 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 120 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the Chawkidar with whom he is
on an inimical term. It is next submitted that once an accused is
Patna High Court CR. MISC. No.12636 of 2026(2) dt.09-03-2026
2/3
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds 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 Risiup P.S. Case No. 04 of 2026,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./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 if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.12636 of 2026(2) dt.09-03-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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