Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Sonu Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 10 litres of liquor from a motorcycle, asserting he was not caught in possession and was not the vehicle's owner. He claimed the case was initiated solely on the basis of a chowkidar's information without proper investigation. The petitioner applied for anticipatory bail, which the State opposed. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If the trial court finds more than one prior case, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not apprehended in possession.
Whether the presence of prior criminal antecedents affects the confirmation of anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
police investigation
criminal antecedent
provisional bail
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13188 of 2026
                    Arising Out of PS. Case No.-434 Year-2025 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Sonu Kumar S/O Rajendra Ram Resident of village - Rasulanganj,P.S-
                 Motipur, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 10 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 is not the

                   owner of the seized motorcycle and he came to be implicated at

                   the instance of Chowkidar, but then it is submitted that once an

                   accused is implicated in a case relating to excise, the police
Patna High Court CR. MISC. No.13188 of 2026(2) dt.10-03-2026
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          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.

          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 Motipur

          P.S. Case No. 434 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 one case then it would be presumed that petitioner, for the

          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
            Patna High Court CR. MISC. No.13188 of 2026(2) dt.10-03-2026
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                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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