Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his criminal antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly possessing 255.120 litres of liquor recovered from his WagonR vehicle. He argued that he was not in actual possession of the liquor, that he was merely the owner of the vehicle, and that he was unaware of any misuse by a third‑person, Nitish, who was apprehended at the spot. The State opposed the bail, contending that the offences were serious. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The court thus balanced the petitioner’s claim of lack of knowledge and possession against the seriousness of the alleged offence and the need for verification of his past record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Sections 30(a) and 41(1) of the Bihar Excise Act.
- Whether ownership of the vehicle, without actual possession of the seized liquor, suffices to deny anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- Section 482 inherent powers
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19720 of 2026
Arising Out of PS. Case No.-411 Year-2025 Thana- GORIAKOTHI District- Siwan
======================================================
Sonu Kumar S/o Vidya Sagar Prasad @ Vidhasagar Mahto Resident of
Village - Janki Nagar, P.S. - Basantpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 255.120 litres of liquor from from a
WagonR car.
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 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
Patna High Court CR. MISC. No.19720 of 2026(2) dt.26-03-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Nitish would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot.
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.
10,000/- (Rupees Ten 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
Goriakothi P.S. Case No. 411 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 two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.19720 of 2026(2) dt.26-03-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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