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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          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 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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