Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Sonu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 1,071 litres of liquor from a bush in a litchi orchard belonging to Laxman Rai. He was not arrested at the scene, no liquor was found in his possession, and he has a clean criminal record. The petitioner sought anticipatory bail, arguing that the accusation was based on secret information and that the alleged recovery occurred on property not owned by him. The State opposed the bail. The High Court, after considering the clean antecedent and lack of possession, granted provisional anticipatory bail subject to a bond of Rs. 500 with two sureties and ordered verification of his antecedent, stipulating that the bail would be confirmed only if he remains antecedent‑free.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s clean antecedent and lack of possession justify granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
clean antecedent
liquor seizure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15949 of 2026
                   Arising Out of PS. Case No.-1165 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Sonu Kumar S/o Lakhindra Raut R/o Village - Raghopur, P.S - Ahiyapur,
                 District - Muzaffarpur At present R/o - Sonu Kumar (Aged about 22 Years,
                 Male) S/o Lakhindra Ray @ Lakhindra Raut, R/o Village - Ali Neura, P.S -
                 Minapur, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Pandey
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 1071 litres of liquor from a bush concealed in a

                   litchi orchard of Laxman Rai.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.15949 of 2026(2) dt.16-04-2026
                                            2/3




          and he came to be implicated at the instance of local people, but

          then the name of the person, who disclosed the name of the

          petitioner, is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, when petitioner has not been

          implicated based on secret information, when petitioner

          admittedly 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 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 Ahiyapur P.S. Case No. 1165 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 antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.15949 of 2026(2) dt.16-04-2026
                                                          3/3




                        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)
Sumit/-

U         T

Continue reading with your account

Checking your session…