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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Sunny Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 35 litres of liquor from a motorcycle he owned. He contended that he had no knowledge of the liquor being in the vehicle, that the vehicle was misused by a friend who fled the scene, and that he has a clean criminal record. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned it on verification of the petitioner’s antecedent by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Excise Act
  • Section 482
  • clean antecedent
  • possession
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12762 of 2026
                      Arising Out of PS. Case No.-837 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Sunny Kumar S/O Manohar Sahni R/O Village-Jagdishpur, Jarang Rampur,
                 P.S- Vaishali (Belsar O.P.), District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kunwar Ajit Singh, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 liters of liquor from a motorcycle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.12762 of 2026(2) dt.09-03-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his friend would misuse the vehicle in the manner as alleged

          who also fled from the spot. It is reiterated and submitted that

          petitioner is a person with clean antecedent.

                       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.

          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 Vaishali

          (Belsar O.P.) P.S. Case No. 837 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.12762 of 2026(2) dt.09-03-2026
                                                        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 is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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