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Patna High Court

Sonu Kumar @ Sonu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedent.

Summary

The petitioner, Sonu Kumar, was implicated in a case involving the alleged recovery of 258.145 litres of liquor from a vehicle and charged under several IPC sections (341, 323, 353, 427, 504, 506, 34) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he has a clean antecedent, was not arrested at the spot, did not possess the seized vehicle, and was implicated solely on the basis of an undisclosed informant’s statement. The State opposed his anticipatory bail application. The High Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with verification of his antecedent by the trial court. The order is conditioned on compliance with Section 438(2) of the Cr.P.C., and the provisional bail will be confirmed if the petitioner is found to have no prior cases, otherwise it will be revoked.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C.
  • Whether the petitioner’s alleged involvement in the liquor seizure warrants denial of bail.
  • Whether the petitioner’s claim of a clean antecedent and lack of direct possession affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • Section 438 CrPC
  • IPC offences
  • liquor seizure
  • clean antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14114 of 2026
                     Arising Out of PS. Case No.-64 Year-2021 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Sonu Kumar @ Sonu Singh Son of Munsi Singh Resident of Sangwadih
                 Nawka Tola, PS- Gopalganj, Distt -Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dharmveer, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 341, 323, 353, 427,

                   504, 506 and 34 of the Indian Penal Code as well as Section

                   30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 258.145 litres of liquor from a Bolero vehicle. It is

                   next submitted 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 came to be implicated

                   based on disclosure made by local person but then name of the

                   person who disclosed the name of the petitioner is not disclosed
Patna High Court CR. MISC. No.14114 of 2026(2) dt.12-03-2026
                                            2/3




          in the FIR, which casts an aspersion on the case of the

          prosecution, when petitioner was not implicated based on secret

          information.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned District &

          Additional Sessions Judge-IV-cum-Exclusive Special Excise

          Court-II, Gopalganj in connection with Gopalganj Excise P.S.

          Case No.64 of 2021, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond 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
               Patna High Court CR. MISC. No.14114 of 2026(2) dt.12-03-2026
                                                           3/3




                         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

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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